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How to get my grandmothers property
11-Jul-2023 (In Property Law)
My grandma is above 80 years old.she has 4daughter and 3 son.I am her grand daughter I am a college student. One of her son take her all property another children's don't know about that.But after that her that son never take care for her and her daughter's take care of her.nowy grandma want back her all property but the son said that he will never give it back to her and also give threat to all...so sir or ma'am plz told us what to do now...how my grandma want back her property ....
You did not mention about the status of the property. Is it self acquired or ancestral. Legal positions cannot be answered without complete facts, as the answer will differ from one facts to other facts. As per the Supreme Court recent judgement, all daughters will now have equal rights and liabilities on the ancestral property along with the sons. I don't see any reason how this son got the property in his name from your grandmother and what basis.
If one of her son had got her signed on some papers by undue influence, mistake, fraud, misrepresentation or coercion, then such instrument becomes infructuous and invalid.
Now, coming to your grandmother's situation:
(i) She is required to make an application against her son to the Maintenance Tribunal under Maintenance and Welfare of Parents and Senior Citizens Act, 2007, making out her case, Such application can be made by any other member of her family.
(ii) She is to lodge a complaint of fraud and undue influence against her son to the local police station
(iii) file a declaration suit for cancellation of the insturment
Contact me if you need any further guidance
If one of her son had got her signed on some papers by undue influence, mistake, fraud, misrepresentation or coercion, then such instrument becomes infructuous and invalid.
Now, coming to your grandmother's situation:
(i) She is required to make an application against her son to the Maintenance Tribunal under Maintenance and Welfare of Parents and Senior Citizens Act, 2007, making out her case, Such application can be made by any other member of her family.
(ii) She is to lodge a complaint of fraud and undue influence against her son to the local police station
(iii) file a declaration suit for cancellation of the insturment
Contact me if you need any further guidance
Helpful?
Adv. Robert D Rozario
Mumbai | 100+ Answers
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Your grandma wirhin her lifetime shall immediately have to file a suit for cancellation of gift deed by allefingvthat there has been no free consent rather India influence, coercion, fraud were used to get the properties, then the gift shall be cancelled. Thereafter you can do further gift or will from the grandma to get the properties. One of my clients got the similar relief accordingly. All the best. Regards
Helpful?
Adv. Ujjal Kumar Ray
Kolkata | 200+ Answers
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