Nri help
Smitha
(Querist) 21 December 2012
This query is : Resolved
Hi,
I am an NRI married only child of my parents. My mother and father had a property jointly originally belongin gto my mother. My father took possession of half share later and got it registered in his name. My husband, prior to our marriage had been managing my parents expenses and my overseas education expenses as my father requested he do so & mentioned they would repay it later. He did not ask for anything & has been looking after my father since a long period even after my mother's demise. Recently we learnt my father has turned to drinking as he had done so in past but stopped after counselling. now this has recurred and he tried to sell our house by putting false allegations on me and my husband.
After a series of events and mutual discussion, he agreed to gift the property to me and stay in an old age home as he was no longer capable to stay alone and I could not fly if such incidents occurred again. At the old age home he has resumed his old ways and started threatening legal action that he was forced to stay there because he is not being allowed to have money to spend as the finance is taken care of by the nuns.
Can he revoke the gift deed? he is threatening to stay in someone else's house so it will be proven I threw him out of the house and did not put him in any home and is trying to frame me again. I have no concern with his money n wish that if he does not want to stay in the home, and he feels he is capable to handle himself that despite it being a risk I cannot do anything furhter & am happy to give hima fair share of money for all his expenses including monthly amt.
He has filed three false complaints against me and my husband despite which we did not take any action as we respect him as our father and have continued to look after him. I have suffered emotionally and financially. now I fear if I fly down and he is not in the home anymore, and aagain resorts to this behaviour I have to take this action. can he in the meantime try to sell the house by revoking the deed in my absence? can he take legal action against me again and if yes what?
please advise hwo to resolve the situation?
Devajyoti Barman
(Expert) 21 December 2012
Which gift deed are you talking about?
After the death of your mother you have become half share holder of your mother's half share.
No gift deed if validly executed can be revoked by the donor.
As far as legal action is concerned not much grave cases can be filed against you or your husband.
You being his married daughter you are not liable for his maintenance.
To stop him from selling the property you have first challenge the gift deed in the court of law and apply for injunction till it is decided.
Raj Kumar Makkad
(Expert) 21 December 2012
I do agree with the advice of Barman.
R.K Nanda
(Expert) 21 December 2012
take stay order from local civil court IN INDIA
against him so that he cannot sell property.
lodge police complaint against him in PS of
ur area in INDIA.
Smitha
(Querist) 21 December 2012
Thank you dear sir. I had no idea about this & probably why he was trying to disown me via court to state I am no longer his legal heir. He used my entire bank account money to hire a lawyer, pay for the expenses and lock me out of the house with all my belongings and to try to get this certificate from court.
In event he legally disowns me will the gift deed be invalid as he is claiming on grounds of negligence and is planning to stay in my cousins friends place now that I am overseas so that he can prove the same. Also he tried to prove I was deliberately trying to harm him whilst in the home which is ridiculous as I am overseas so he is all the time trying to cause problems & I have spoken to his own side of family for help and they also stated they do not want anything to do with him as he never looked after his own parents and left them starving to death. They had disowned him because he had an intercaste marriage & he had no property of his own.
I want justice for the fact that he harassed my mother and made her work and refused to allow me to take her overseas and she died struggling, when he could have sold the house for her and allowed her to live a life without worry. I loved my mother very much and that is the only reason I want him to understand what is the meaning of responsibility. He committed fraud in our society also and took society finances for personal expenses but the society forgave him because of my mother and me & my mother had to sell all her belongings to pay for it and I had to pay for it in part so we were left with nothing. All this time I never realised why we had to suffer so much when he could have done this for his own family.
I was fine to pay for his expenses etc but he has misused our goodwill and love to a great extent. The gift deed has been executed lawfully and is a registered gift deed to which there are witnesses furthermore he himself provided acknowledgement etc for society transfer in the society so I do not know why he is behaving this way and if due to drinking his behaviour changes.
He has marked the complaints right upto protection officer, comissioners and president of india so this was possibly under alcohol influence as when he was residing with me he was a different person altogether. We took him to the doctor for check-ups and he was completely fine, has no dementia nothing so he is not suffering from any pscychiatric disorder or anything as he had been behaving violently with my mother prior to her death and she requested me for help. I told her to leave with me but he forced her to stay with him and I gave up an entire year of my career because of this as I feared for her life.
I strongly fear he has an alcoholic problem but how do I verify this?
I am just a victim of his manipulation & his insecurities.
My last question would be sir, the society transfer certificate is due to me and he has good influence with them, they have provided me a letter stating they have no objection but they mentioned as the society conveyance deed was not done they are waiting for it and will provide me the new share certificates accordingly.
If we wish to sell the property or rent it out can my father try to stop it by insisting he wishes to stay there? I will be providing him his money but i require an agreement so what agreement can be made so in future he does not harass me for money & put false cases on us? it is only fair that he should be given all amenities to reside his life and that is fine by me as I still respect him as my father but I do not want him manipulating me because there is no legal agreement stating how much to pay for his care. He also argued that since the Index II was only on his name after my mother's death, I cannot claim I am part legal owner but as he had done the PMC registration it was proof that he had no objection to things.
I understand he has his insecurities but it is causing us great difficulty and I do not want to stay with him in the same premises as my husband will not wish to stay there anymore & he can again try to harass my husband and me. I want an agreement stating that we r providing him his fair share of money and he is free to do as he pleases and I am not responsible for putting him against his wish anywhere in any home as he is not fine with it. This is the amount we r paying.. and I want a restraining order so that in event he spends it all on drinking or whatever, tomorrow I am not to held responsible for his liabilities again.
Please advise as I wish to settle this without going to the extent of court as already we r suffering the financial consequences of his acts so we can live our lives peacefully.
thank you sir very much.
Raj Kumar Makkad
(Expert) 21 December 2012
Your father has no concern with the gifted property and this gift cannot be revoked merely on the ground you are living abroad. Gift once made and accepted by other is final for ever unless it is conditional.
Even if your father disown you, it shall be applicable with prospective effect so nothing is required to be taken so seriously. I can imagine the pain the pain of a daughter facing such humiliation in the hands of real father but you have no other option but to file a civil suit seeking restrainment against your father by filing a civil suit and if you sell the house or rent it out and even then your father interfere in any manner, a police complaint is other option.
You should defend all the cases filed by your father vigorously, effectively and strongly with the help of competent lawyer.
Smitha
(Querist) 21 December 2012
Dear Sir,
Thank you very much, I appreciate your and the other kind gentlemens' responses to these queries of mine.
I greatly appreciate your help. I am alone and we have never faced such a shocking situation in our lives as we r working professionals so its disheartening but if this is the only recourse we have to face it.
Thank you so much,
S
Raj Kumar Makkad
(Expert) 21 December 2012
Smitha! One innocent person sometime has to initiate action even if the opponents are our own. Take the example of Mahabharata. Arjun denied to take part in war as the opponents were his own relatives and family but Lord Krishna told him to do his Karma as all those standing other side are following the path of Adharma so follow Lord Krishna and do your Karma and you have no other option in the given case.
