Hello Sir,
Our father has filed a suit under section 23(2) of the THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007
Prayer:
Cancelation of 1/2 share of property given by registered Gift Deed in 2009
and Monthly Maintenance of 10,000 each by two sons
History:
Our mother died and father remarried within a year
Father has two sons from first wife and 1 property
Second wife has 1 property and 1 daughter from first marriage who is married
Our property was joint property between our father and mother
Mother died, mothers half share with two sons (father share given to sons through relinquishment deed)
rest 50% share given to sons through registered gift deed without any conditions, irrevocable clause mentioned.
Now father under influence of second wife and daughter and son-in-law files a suit for cancellation of gift deed
and monthly maintenance of 10,000 each
Questions?
1. Can the gift deed be cancelled for 50%
2. Father has monthly income through FD's of about 9500/- plus we give maintenance of 5000
Can court increase monthly maintenance?
3. what does section 23(2) of the THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 mean?
