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Property related issue. Can Senior citizen parents take gifted propert
18-Aug-2023 (In Property Law)
Can my parents take property back from his son, he is misbehaving and harasses them. My parents gifted that property to him and they don't have another property or money. They are sinior citizen and not taking care of by him. Please reply
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has provisions that protect parents and elderly persons who have signed away their property or assets to a person so that they would be taken care of, but are then left destitute. If a senior citizen has signed an agreement after 2007 to transfer his or her share in the property, for example through a gift deed on the condition that their basic needs would be taken care of, but the person refuses to honour the agreement, then a maintenance tribunal is empowered to quash the agreement. For further consultancy and legal services you may contact us.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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Gift deed can be cancelled under senior citizen Act
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Cancellation of registered gift deed under senior citizen Act, 2007
In general though it cannot be done, but in case of senior citizens, Yes they can do it under certain circumstances. This was permitted for due protection of senior citizens. However, as I said that this will be circumstantial.
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Was a gift deed executed?
If Yes, then you can only claim for maintenance and not for the property.
But, if the gift deed was not executed, then you can claim the rights of the property.
I would rather advice to come and meet me so that it can be discussed in detail.
If Yes, then you can only claim for maintenance and not for the property.
But, if the gift deed was not executed, then you can claim the rights of the property.
I would rather advice to come and meet me so that it can be discussed in detail.
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Adv. Rao Abdul Ahad Khan
Delhi | 25+ Answers
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