Gift deed
Smitha
(Querist) 20 January 2013
This query is : Resolved
Dear Sir,
I have recently posted a query regarding my property online. I am an NRI married only child of my parents. My mother owned a property in her name only and after marriage my father got the property mutated on his name so they were co-owners because she gave him rights to it. She expired few years back and since then my father was dependant on me and my husband financially when he could have sold the property that time itself. He chose instead to tell me it would be mine after his death and to just do a PMC registration. Last year he had a misunderstanding with my husband as he is sufferign from peripheral neuropathy and during his hallucinations he filed cases in state of delirium against my husband of property grabbing etc. After I resolved the matter with my father thru negotiation, he agreed to live in an old age home and gifted me the property. In the gift deed, there is mention that I am to provide for his expenses which we have anyways been doing since many years before my mother's expiry and my father has taken a lot of advantage of my husband's kindness, this incident had shocked me to understand my father could go to such extents to harm me and my husband for no reason under such a state of mind. He had been supported by some of my maternal relatives who beat me up and put the blame on me in front of everyone stating I was trying to grab my property and throw my father out of the house and now when he is in the old age home, he has again changed colours stating that he wants to get married again and also wants to stay in the same house. As I am overseas most of my belongings are there and now I fear he is again trying to get back the property thru these means. He wants me also to pay for his new wife and himself and also wants to reside in the same property.
I want to know, if he gets married again, can he cancel the gift deed by adjucation in court stating on grounds he was not maintained, which is a lie as I have been providing for him each month, that he wants to cancel the gift deed?
secondly, he has nominated me as i am the sole legal heir currently, will it change after his second marriage? as he has nominated me for his pension and he mentioned he would not change. After his death, I am to receive that amt as am his only child. I do not mind if it goes to his second wife as theyw ould take care of him but do I need to continue paying maintenance for him if he gets married?
secondly he has taken huge sums of money from my husband, and has made me pay for the gift deed so we have lost money for legal issues and gift deed and now if he cancels it again we will be suffering more, on what grounds can I state that he cannot cancel it and what rights does a daughter or child of first wife have over second wife and their children please or any other heir he choses to so nominate or gift?
Please advise.
Thank you,
Smitha
Smitha
(Querist) 20 January 2013
Dear Sir,
One more query I had was, the society transfer certificate has not been done on my name and was due to be provided to me. In event my father cancels the gift deed, the transfer certificate will show it has hsi name and not mine, will it b proof that the gift deed is done forcefully as my father is conspiring with my maternal relatives to get all evidence and had convinced the society people that he was being force to do it. So I told them this was not the case and he has of his own free will consented and he admitted in front of them as well. He tends to change, because he is under influence and when I am away, his suspiciousness and paranoia increases. He has been referred to by a psychiatrist and before my mother passed away he was prescribed as on borderline of bipolar but now when he was shown to the psychiatrist they said he is completely fine and normal and does not haev any problems. Its mainly his inherent nature to take revenge, bully and dominate a person and to take advantage of another person the best he can.
I am worried what to do as I do not want to sell my property but am faced with no other choice and if I do so, he is sure to demand more and more money, there is no end to his threats and I do not know waht to do. I am constantly being harassed and I fear he is just using these tactics to make me sell the house out of fear and pressure of me losing my share etc.
I do not want to get pressurized but if he actually does get married as he is now mentioning he has every right to, do I still need to maintain his expenses and of his second family? do i need to also allow him and 'them' to stay in the new house?
please assist me.
Raj Kumar Makkad
(Expert) 20 January 2013
Gift deed duly registered cannot be got cancelled and thus you have got all rights in the gifted property which your father was acquiring so the cancellation has not legal impact over your rights to get the property transferred in your name.
Devajyoti Barman
(Expert) 20 January 2013
He can not take back the property.
However it is better if you sell the property and invest the money in another property in your name.
