Remedy for senoir citizen
ROJA shree
(Querist) 22 January 2013
This query is : Resolved
A senior citizen executed a settlement deed by giving his property to his married daughter in 2009 in a thought that, she & her husband wil look after him in his old age . But after such, he was being ill treated by his daughter & her husb, in his old age. So he executed unilateral cancellation of the settlement deed in 2010 to protect his property to survive.
This unilateral cancellation of the settlement deed in challenged by his daughter
What is the remedy for this senior citizen?
Can he claim benefit under Senior citizens act ? If so, what sort of benefit
prabhakar singh
(Expert) 22 January 2013
It was a gift deed or settlement deed?
How can there be a settlement deed with daughter who did not have any subsisting right, title,or interest in the property.
Any way neither a gift nor any mutual deed can be unilaterally revoked.
The right way is to seek cancellation through court by a suit.
However such father is entitled to maintenance from daughter and deed can be cancelled under section 23 of the ACT(Maintenance and Welfare of Parents and Senior Citizens Act, 2007)can be treated void if transfer was made after the enforcement of the Act and such transfer was subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal.
