senior citizens
naresh
(Querist) 24 October 2015
This query is : Resolved
My mother has 2 daughter and 1 son.all are married.she gifted house to is son on 2007 which was bought in her own earnings.now son and is wife not able takecare them and torture them to move out of the property.there parents moved district collector for justice.they asked son to provide small position to there parents and maintenance amount of 3000rs.they all living in same house.now son and daughter in law not paying 3000rs for maintenance.reason because parents gone to court to reclaim the property.is it difficult to claim the propery if word mentioned revoke in the sale deed. for there justice which will b right place to get the judgement.
naresh
(Querist) 24 October 2015
Sorry that is mother in law
Kumar Doab
(Expert) 24 October 2015
Show all docs on record to an able lawyer and your layer can opine if it is possible to revoke the gift deed and reclaim the property.
SAINATH DEVALLA
(Expert) 24 October 2015
U say it is a gift and in the conclusion U say sale deed/clarify. If it was gifted was it registered? If registered the donor cannot cancel the deed without the permission of the donee.
Anirudh
(Expert) 24 October 2015
The have to approach the Tribunal constituted under THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007.
They will get relief.
Contact a local lawyer for this purpose.
Kumar Doab
(Expert) 24 October 2015
Lawyer may not be permitted to represent.
Take help of many NGO's.
There are many former lawyers also associated with such NGO's and have helped many senior citizens.
There are many decisions also on reclaiming the property. However an able counsel can provide solid support to prepare for the matter,case and appeal.
One of the NGO's is at:
http://seniorcitizens.hpage.co.in/law-reports_26952343.html
There should be many avenues open for the affected parent.
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is a efficacious remedy.
In case the house has been gifted or transferred to the husband and wife by the parents, according to Section 23 of the Act, the parents can reclaim the property they gifted or transferred in the name of their children if their welfare and basic needs are not being looked after.
Deputy Commissioner has been designated as the appropriate authority to address and redress complaints and grievances of the senior citizens. All the senior citizens will have to submit is that their basic needs are not being looked after by their children. By producing relevant documents of the property they had transferred or gifted to their children, after 2007, the senior citizens can get the transfer declared void and claim back their properties.
Madras High Court
Anbalagan vs The Sub Divisional Executive ... on 26 April, 2012
16.The term maintenance cannot be understood as only maintenance in terms of Section 125 Cr.P.C. The Act deliberately defines maintenance as the one include even the right of residence as found under Section 2(b) of the Act. In the present case, the petitioner cannot contend that his father is having properties and having sufficient means, especially when the allegation was that he could not enjoy his properties because of the petitioner's interference. The authority in order to maintain balance had directed that the third respondent is entitled to restore his properties and found that the petitioner has not established that he is the sole owner of the property which he has been asked to vacate. The petitioner will have to be ashamed of himself for ill-treating his father in such a fashion. Perhaps only with a view to prevent such occurrences of senior citizens like the third respondent being ill-treated that too at the hands of their own sons, a summary procedure has been contemplated in the Act.
17.This court is not inclined to interfere with the well considered order of the first respondent.
http://indiankanoon.org/doc/163382677/?type=print
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Letters Patent Appeal No. 1007 of 2013 (O&M
Reserved on : 27.
08.2013
Date of Decision: 26.09.2013
Justice Shanti Sarup Dewan, Chief Justice (Retired)
and another
...Appellants
Versus
Union Territory, Chandigarh and others
..Respondents
http://www.highcourtchd.gov.in/lts_judgments/LPA_1007_2013_26_09_2013_FINAL_ORDER.pdf
IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBJECT : MAINTENANCE AND WELFARE OF PARENTS AND SE
NIOR CITIZEN ACT,
2007
W.P.(CRL) 1471/2010 & Crl. M.A. No. 15539/2010 (Sta
y)
Decided on : 9th September, 2011
PAWAN SHARMA ..... Pe
titioner
Through: Mr. Harendra Prasad Sinha, Advocate.
Versus
STATE & ORS ..... Resp
ondents
http://delhicourts.nic.in/SEP11/PAWAN%20SHARMA%20%20%20%20VS%20STATE.pdf
SAINATH DEVALLA
(Expert) 25 October 2015
Excellent suggestion and presentation of judgments by Adv.Doab, act accordingly.
K.S.Srinivas
(Expert) 25 October 2015
Well advised by Sri Kumar Doab. His advice can be followed.
Rajendra K Goyal
(Expert) 28 October 2015
Well advised by the expert Kumar Doab.
T. Kalaiselvan, Advocate
(Expert) 31 October 2015
Agreed with the advice ofMr. Kumar Doab, you may follow the suggestions made. His mother is also entitled for maintenance from her son under section 125cr.p.c., she may be advised to apply for the same under that provisions too.
