Mother's claim on father's self acquired property

Previous to the gifting process your father was the absolute owner of the property. Now after the property is gifted to your brother, he becomes the absolute owner of that property. None of your efforts, as proposed, can make the past things undone, even if your mother takes divorce from your father, she cannot claim even an inch of that property.

Since the property in discussion is the only house my father owned, thats the only shelter for my mother. As my father has gifted this to my brother, my mother will have no shelter once my father is no more and she will be at mercy of my brothers. Does my father has rights in such condition to gift away my mothers only shelter.  Isn't this a good reason  for a  domestic violence case against  my father and brothers, and shouldn't gift deed be annuled due to this  insensitive action by my father.

I can sympathise with the lady posting here as i can relate to her.Here is my story,my father is a senior citizen and he has 3 children.2 daughters and me,both my sisters were married off in the late 90's and are well settled in cities away from us.I have been a dedicated son to my parents and left no stone unturned in taking care of them.Me,my wife and my son live along with my parents.

A few years back,my father decided to gift me a property(Self acquired).He has 3 properties in his name.After the gift deed to one of the property happened.Till that date his daughters would only call once a month and visit him perhaps once a year.But after the gift deed,my sisters would call my parents 10 times a day.Honestly i was very happy,but i did not know they were plotting just like the lady here.After a couple of years,one final day cops came to my house and i was shocked.The cops told me,me and my wife were harassing my parents and they have filed a police complaint against me.My world turned upside down,i was devastated.I looked at my father,he got up and told lets go to the police station and he will give it in writing that nothing like that happened.But the police were not interested,they only wanted me to go with them.After that in my absense my father was swiftly moved to an other city along with my mother,where my father has been completely brainwashed,if possible emotionally blackmailed with complete support of my mother.I had no choice but to walk out of the house with my wife and kid,but i was defamed everywhere i went my relatives looked at me like a criminal though i had not commited anything wrong.My father met me only once after that,he folded both his hands and pleaded that i should leave the matter.I know if i pursue the matter,it will hurt him.So i did not,i want him to live a peacefull retired life.Last month i got to know that the other 2 properties in his name have been gifted to my sisters and now sisters are filing a case challenging my fathers gift deed to me.

I am not generalizing all women as same,but honestly at times what some do is completely wrong.I hope no other family has to endure what i have been through.

We (myself & mother) have filed a case under IPC 498a claiming the right of secure residence for mother. As the house which has been gifted by my father is the only house he had  and only sheltor to my mother. In case of my father's death , my brothers may not  allow her to stay(or even now).  On this ground we claim the violation of IPC 498a  providing righ to secure housing by my father to mother. On this basis we file a petition to revoke this gift deed. Does this case can help us? What's  your opinion.

This appears to be a typical case of greed of the daughter or more probably that of the son-in-law. How on earth 498A can be applied in this case?  498A deals with husband treating the wife with cruelty. Where is violence here? Under the first explanation is her mother in danger of committing suicide? The second explanation is violence with respect to demand for property. Who is demanding what property? A wife demanding property from husband or his relatives is not intended here. The lady here is giving a new dimension to the misuse of 498A.

The problem here may be because the donee, the son here, is married. It is universal that a mother-in-law feels that a daughter-in-law is an intruder from outside, who claims rights on things, particulaly a property like a dwelling, which should legitimately belong to her (the mother-in-law). Her daughter then makes common cause with her mother and acts ostensibly to rescue the mother. I have seen such things happening after the death of a testator. Most probably here the father has wisely transferred his property to his son, during his life-time itself. In case of any dispute he will be there to defend his actions. Having property or income, though important, that alone will not protect an old parent in his or her old age. There should be a son or a daughter to look after them, to fulfill their personal needs, cooking food included, to take them to doctor if they fall sick or have any ailments, to take them to hospital and attend on them there and so many other things. The father here believes that his son and daughter-in-law will look after their mother after his death. Also even if his daughter-in-law cannot be trusted, his son is not a joru ka ghulam.

I bring to the attention of the lady here or more importantly to her husband, the following sloka from Subhash*tam:

उत्तमो आत्मना ख्याता ख्याता पितरेण मध्यमा

मातुलेनधमाख्याता श्वशुरेणधमाधमा    

One who achieves prestige on his own is the greatest. The one who achieves greatness through father is average. Achieving greatness through maternal uncle is bad enough. But to aspire for greatness through father-in-law is worse than the worst.

So if possible be a loving sister to your brother and a loving daughter to your parents. If at all the worst happens, as your fear, you are there to take care of your mother. That would the best way to show affection to yor mother, rather than going to court as though you are doing it for your mother. You and your husbands are earning good salaries

you have lodged the compliant and did the police registered the comlaint under 498-A ??

yes, they did register the complain listening to our concern of possible selling of house by brothers and my mothers situation thereupon.