Can parent file a case in Senior Citizen Tribunal for property

859 votes

Senior citizen Tribunal has power to order for maintenance and residence for a parents and there is no scope of filing any case in the nature of recovery before that Tribunal. Though, is she has proof of transfer of money then she can file a civil suit for recovery before the civil court. For further query you may write me.

Advocate Pankaj Kumar LawRato

648 votes

Sir currently lawyers are not allowed to represent parties before senior citizen tribunals and so you will have to pursue the case yourself. Further, the payments made by your parents to purchase property in your wife's name being a completed gift will be difficult to recover from her

Advocate Rajat Joseph LawRato

547 votes

As per Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizen Act 2007 , Where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under influence and shall at the option f the transferor be declared void by the Tribunal.
In the light of the above legal provisions if your parents have documentary proof of paying for the house i.e by way of cheque , electronic clearance etc., they can file a case in the Senior Citizen Tribunal on the ground of refusal to them the basic amenities and cruelty inflicted by your wife.

Advocate Harish Chandra Yati LawRato