Anonymous (Self) 07 January 2013

Senior citizen maintenance act

Hello All,

Our father has filed a suit under Maintenance and Welfare of Parents and Citizen 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?

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9 Replies

Tajobsindia (Senior Partner ) 07 January 2013

Originally posted by : Anonymous

XXX

Can the gift deed be cancelled for 50% ?
Take: Note first of all, once gift is made by donor and accepted by a donee the gift is complete and the title to the property passes on to the donee. A Donor cannot now unilaterally pray to cancel the gift deed. Carry with you to the Tribunal below SC citation to defend ‘gift deed cancelation’ question of Law. You have a strong case in hand. SC Ref.: 2008 1 MLJ 193 SC or 2007 13 SCC 210

Father has monthly income through FD's of about 9500/- plus we give maintenance of 5000. Can court increase monthly maintenance?
Take" 'Increase' is not the right word before Tribunal matters. Reason being I doubt you have any evidence of meeting even 5 K p.m. that you claim in your brief? Hence Tribunal after considering his income and capacity to pay by son (children) may award or may not even award so keep finger crossed and now think of how best you can bring 'evidence' of 5 K that earlier you used to pay to senior citizen father.

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Anonymous (Self) 08 January 2013

thank you for your feedback.

1. Correct me if i am wrong that as per SC Ref.: 2008 1 MLJ 193 SC or 2007 13 SCC 210

Once a gift is complete, the same cannot be rescinded. For any reason whatsoever, the subsequent conduct of a donee cannot be a ground for recission of a valid gift.

Is there anything else i can use from the above ruling?

2. Maintenance and Welfare of Parents and Citizen Act was made in 2007 and Delhi Maintenance and welfare of Parents and Senior Citizens Rules was made in 2009. So does the ruling in 2008 or 2007 be used in the Tribunal

3. The Tribunal shall consist of an ADM or SDM of the sub-division, as the case may be and two other members, of whom one shall be a women. I am not sure if they are lega experts?

4. Incase the suit goes against us..can we appeal in court?

5. We have automated bank receipts of cheques deposited in fathers account for last 4 months. Before that we used to pay cash.

Anonymous (Self) 09 January 2013

father has filed case under section 23(2) of the THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007

what does it mean?

23. Transfer of property to be void in certain circumstances

(2) Where any senior citizen has a right to receive maintenance out of an estate and such estate or part thereof is transferred, the right to receive maintenance may be enforced against the
transferee if the transferee has notice of the right, or if the

Anonymous (Self) 10 January 2013

can anybody guide??

Tajobsindia (Senior Partner ) 10 January 2013

Originally posted by : Anonymous
	Correct me if i am wrong that as per SC Ref.: 2008 1 MLJ 193 SC or 2007 13 SCC 210 Once a gift is complete, the same cannot be rescinded. For any reason whatsoever, the subsequent conduct of a donee cannot be a ground for recission of a valid gift. Is there anything else i can use from the above ruling? Take: Yes and Chamber consult an advocate, there are other paras in it worth submissions. Maintenance and Welfare of Parents and Citizen Act was made in 2007 and Delhi Maintenance and welfare of Parents and Senior Citizens Rules was made in 2009. So does the ruling in 2008 or 2007 be used in the Tribunal Take: The Act, 2007. The Tribunal shall consist of an ADM or SDM of the sub-division, as the case may be and two other members, of whom one shall be a women. I am not sure if they are legal experts? Take: For your info. a ADM / SDM and likes becomes Metropolitan Magistrate and they have knowledge of Law than your doubts. Incase the suit goes against us..can we appeal in court? Take: Only one appeal is allowed before the appellate authority, i.e. District Magistrate. The disposal of the appeal is also time bound. We have automated bank receipts of cheques deposited in fathers account for last 4 months. Before that we used to pay cash. Take: Having something is always better than saying nothing....

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Anonymous (Self) 10 January 2013

can a advocate represent us in this tribunal because as per section 17 of the maintenance act

Right to legal representation : Notwithstanding anything contained in any law, no party to a proceeding before a Tribunal or Appellate Tribunal shall be represented by a legal practitioner

Tajobsindia (Senior Partner ) 10 January 2013

Originally posted by : Anonymous
	can a advocate represent us in this tribunal because as per section 17 of the maintenance act

Take: Yes.
Ld. Advocate Sh. Sunder Navalkar, 91 who began practising as a lawyer in 1946 is a famed social worker and activist and associate of the late Mrinal Gore and was the ld. Advocate in India's very first case under The Act, 2007 representing a 96 years old Mr. S. C. Krip from Pune under The Act, 2007.

[Last reply]

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Anonymous (Self) 10 January 2013

father has filed case under section 23(2) of the THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007

what does it mean?

stanley (Freedom) 10 January 2013

Just repeating the questions does not make sense , I understand your anxiety . How you project your father's source of income as well as get forth your evidence that you have being paying 5k Monthly and based on your arguments matters . My view is that Increase in Maintanence would not be awarded taking into consideration his cost of living as well as his source of income which works out to Rs 14,500 as well as your source of income which was intimated to you via P.M .

Senior citizen maintenance act

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