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jatin sachdeva   31 May 2017

Urgent

When the suit of the person claiming transfer of property as a fraud and misrepresentation is dismissed can now apply under maintenance and welfare of parents and senior citizen act and take the property back by the invoking section 23 of the said act?Please guide


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 5 Replies


(Guest)
Originally posted by : jatin sachdeva
When the suit of the person claiming transfer of property as a fraud and misrepresentation is dismissed can now apply under maintenance and welfare of parents and senior citizen act and take the property back by the invoking section 23 of the said act?Please guide

Give petition under sec 23 of maintenance and welfare of parents and senior citizen act . File execution later on when you get favorable orders.


(Guest)

Only if whom you have gifted the said property has not fulfilled his promise to take care of your basic necessities, only then you can file sec 23 petition.

You are talking about property taken by way of fraud.  File a case of fraud under Section 126 of Transfer of Property Act read with Section 19 of Indian Contact Act.

jatin sachdeva   31 May 2017

sir 2 year back plaintiff has filed the suit of fraud and misrepresentation on his son and now the suit has been dismissed in the civil court.So can he now file petition under section 23 of maintainence and welfare of parents and senior citizen act or he has to file appeal in session court


(Guest)
Originally posted by : jatin sachdeva
sir 2 year back plaintiff has filed the suit of fraud and misrepresentation on his son and now the suit has been dismissed in the civil court.So can he now file petition under section 23 of maintainence and welfare of parents and senior citizen act or he has to file appeal in session court

On what basis was tthe petitoin dismissed? Can yo ushare scan copy? of judgement?


(Guest)

Need to see if lower court has grossly erred in judgement.  If yes, then you can go for appeal or else no use going for appeal  Your matter is unclear.  You post case papers and then lets see what can be done.


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