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Manish   07 January 2016

Can mother change regstered gift deed after 5 years

Dear Concerned

Humble request to kindly help.

My father is very innocent person who takes care of many families around who are in need financially.

My Grand mother is very cruel lady who from the very beginning is inflenced by her daughters and have been dominating my Dad from last so many years. 

In the year 2010 my Grand Mother gave property papers to some one whom she knows due to some unknown reasons and even after regular request she was unable to get them back. In the fear of loosing the property she made a registered gift deed in favor of my Dad.

Now after so many years again (in the influence of my Buas hwo all are very greedy) she started troubling us. Just to avoid the disturbance every day my Dad decided that we'll shift on rent somewhere and let my Grand Mother and Grand Father live in the propert peacefully. We were even giving them monthly maintainence in cash.

As we are unable to live on rent due to some financial problem we planned to go back to our home. When we went back with bags we came to know that they are in touch with some lawyer and stooped us to stay there although Registered Gift Deed is in the name of my father.

They called their lawyer who blackmailed us that if we will try to enter in this house with in 2 days my Dad will be jailed, also after 2008 there has been change in law and Senior Citizen who are above 60 can change even the regitered Gift Deed. Kindly suggest the way, is she right or unnecessarily lawyer is trying to bully my Dad.

It's really very urgent. Look forward to the comments from the exoerts in this field.

Regards

 



Learning

 9 Replies

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     07 January 2016

1) If the registered gift deed is unconditional and in possession of the donee then your father is the absolute owner and cannot be revoked.

 

2) If conditionl for maintenance of donor or parents or senior citizens, the Dist Collector under Senior Citizens Protection Act, on enquiry found the condition not fulfilled as to the maintenance of senior citizens and order to cancel such Regd Gift Deed.

 

3) After gettin the said Gift Deed by a local experienced lawyer on the points 1 & 2 stated hereinabove, you have to file civil/criminal cases against those prevented from your entering the scheduled property.

1 Like

Manish   08 January 2016

Dear Dr KattaVenkataRamaKrishna Sir

I sincerely Thank you very much for your kind revert and comment. It was a huge burden on me and i wanted to help my Dad as he is very very innocent human being and was very much depressed.

Sir also would like to bring to your kind notice that few days back two cops came to meet my Dad and they said that they have also given a written complaint in Police Station. They also suggested that please settle the case mutually or else they'll keep on disturbing us and we'll have to come to the police station again and again.

My Grand Mother's lawyer again and again blackmailing us that you will be jailed if you enter inside the premises.

Today we have entered the premises back and she said and warned us that you will only be responsible for the future  troubles. What we should do now if they call Cops or start harassing us.

Please suggest.

Regards

 

 

 

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     08 January 2016

1) Immediately contact a local experienced dependable/ reliable property lawyer who only would be able to answer to Police Dept who may not hear u.

 

 

2) The scheduled gifted property is presumed to be unconditional.  If yes, the title already passed on to the donee.  Nothing can be done either by the donor or ur grand mother.

 

3) By producing a copy of the registered gift deed file a complaint with police and also move the court for a direction restraining them from staying/ entering not vice versa what they r doing.

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     08 January 2016

 

4) Also obtain the copy of FIR stated to have been lodged by the other side as to how Police interfere in civil dispute and show your prospective counsel.

Manish   09 January 2016

Dear Sir

Thanks very much for your suggestions. Basis your comments we got the power and motivation and got successful in entering back to our home. Although they called Cops but they also realized that it is them who are on faulty side. They also tried to convince my Grand mother that Your Son is a good human being who cares for you so try maintaining a good relationship.

Once again i sincerely Thank you very much. Just because of your kind support we succeded.

Don't actually know what action they'll ake in future but for now we are at home.

Regards

Manish   09 January 2016

May God bless you with best of health and happiness.

Rgds

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate)     09 January 2016

1) Its really nice to hear your problem is resolved by Gods Grace and forget all what said and done.  Take care of your octogenarian grand parents particularly your grand mother.

 

2) It cannot be said to have realised their fault, but had there been a slighest legal scope to scare and flee you and ur Dad, at the first opportunity they would have flown u out.

 

3) Advise your Dad not to sign any paper or document in future to reverse the Gifted Deed by sentimental touch or otherwise.  Hope u hv kept ur regd Gift Deed in tact.

 

4) Once again advising you avoid any realcitrant attitude, take care of your grand father as per ur wish of course certainly ur grand mother, the great besides ur sister, a traditional family obligation.

Manish   11 January 2016

Thanks very much once again Sir. 

Have noted all your points as mentioned above, will surely take care.

As i mentioned earlier also, my Dad is very very kind person, he'll definitely take care of my Grand Parents even if they are at the faulty side, as truly said by my Dad yesterday that they are the reason of our existance and we have to take care for their needs and requirements during this stage of their life. Hope they'll understand our love one day.

Regards

Manish   04 March 2016

Dear Sir

Need your kind guidance once again. 

As informed you earlier also that we have been giving monthly maintainence to my Grand parents and that continued even after all the scene created by them. But we were giving the same in cash as they very emotionally ased us to give it in cash so as to avoid banking difficulties.

To our shock, they have filed a request in Senior Citizen Maintainence Tribunal claiming maintainence allowance which we are already giving them. Now Magistrate has given next date and it might be possible that we need to deposit the amount post that either in court or their bank account as per magistrate's instructions.

Wanted to inform you that my two Bua also came to Tribunal and they were loudly and intensionally telling lawyer that now on we are also partners in the property. Sir kindly suggest is it possible?

One lawyer came to us and suggetsed that you shoud further get the registered Gift deed done on to my mother's name from my father's name, he gave the justification that after getting the registered deed transferred my grand parents and Buas can never put any claim on the property.

He also said that if the case goes to High Court- High Court can reverse the Registered Gift Deed back to my Grand other's name..

Please guide me Sir..

Regards


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