Grand mother's property
tejo
(Querist) 23 May 2013
This query is : Resolved
Sir,
My wife's grand mother(Aged-88) has some land in village. She has two sons and no daughters. My wife's father is youngest and he died in 2004.My wife and her sister are two daughter's for her father.
Now Grand Mother lives with his elder son,who has one daughter and one son.
Taking the advantage of Grand mother's old age, it seems, her elder son, got the property transferred to his son , by means of WILL as well as registered gift deed also.
Now grandmother is expressing insecurity, due to the change in behavior of his elder son and his wife.Like they are not allowing her to move around or meet relatives(house arrested).
She has expressed these views secretly, when we visited her recently.
Can she make any amendment on the WILL/gift deed.
It is unbearable situation for her in this old age. Though we have invited her to our house, she expects her final rituals to be performed by his lived son, and not willing to move out from them.
Please suggest,
regards,
Adv Archana Deshmukh
(Expert) 23 May 2013
Will can be revoked at anytime but if the property is transferred by a gift deed and the gift is valid then, it cannot be revoked now.
R.K Nanda
(Expert) 23 May 2013
no more to add.
Raj Kumar Makkad
(Expert) 23 May 2013
Who is in possession of the will?
Registration of gift deed and will at the same time shows that both are liable to be challenged as both cannot be got executed at one time. gift deed extinguishes all rights of the donor over the property for ever immediately on acceptance of the gift by donee and in that situation there is no question of executing the will and if the will have been executed and registered then the gift thereafter can be got executed but in that event the will shall have no meaning.
It is also to be known how your grand-mother got that property in her name and whether the property is ancestral in nature?
If yes then gift deed can also be got challenged by you even during the life time of your grand mother.
tejo
(Querist) 25 May 2013
Thank you very much for the members for your valuable reply.
Sir/Madam, I want to further clarify that
1)The property was bought by grandmother's husband on her name.
2) "Will" was executed earlier to the Registration of gift deed.
3) These activities happened in the past 2 to 3 months time.
4) I came to know that once the gift deed is registered, donor looses all control and the property will go to donee.
5) Is there any chance of threatening them that my wife will file a case stating that she will also have right on grandmother's property and they have forcefully made grandmother to write a will and gift deed as she, at this age is dependent on them and helpless.
regards
tejo
(Querist) 25 May 2013
Thank you very much for the members for your valuable reply.
Sir/Madam, I want to further clarify that
1)The property was bought by grandmother's husband on her name.
2) "Will" was executed earlier to the Registration of gift deed.
3) These activities happened in the past 2 to 3 months time.
4) I came to know that once the gift deed is registered, donor looses all control and the property will go to donee.
5) Is there any chance of threatening them that my wife will file a case stating that she will also have right on grandmother's property and they have forcefully made grandmother to write a will and gift deed as she, at this age is dependent on them and helpless.
regards
ajay sethi
(Expert) 25 May 2013
grand mother has to move court for cancelling the gift deed as it was done under coercion . she can take the plea that she was forced to sign by her son .
if elder son is not taking care of her she can also move tribunal under maintenance of senior citizens act . tribunal has powers to set aside gift deed
