sweetbank69@yahoo.com
in Family Law
Asked December 28, 2015

repeated

  • 1 Answer
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my late husband gave half of the house to my elder son on the bahalf of that he will care us but my son refuse to care and try to occupied that portion  on behalf of that registery. he is now living to another home . i want to cancel that registery

Answer 1

Default avatar
Shreya Mishra
  There is no explicit provision under the Registration Act 1908, whereby a registry can be cancelled. However, as it appears, the main contention is that the son was not taking care of the mother. Under such circumstances, the best recourse is that the mother can  file a case against the son based on Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Section 4 provides that children have the obligation to maintain their parents. Under the present fact situation, since the elder son does not maintain the mother, she can easily file a suit against him. This has already been made clear in a case where a son tried to occupy a land which was equally given to him and his brother by his father. According to the judgment, the son was supposed to return the land he had occupied. In addition to this, it was held that if a gift deed can be rendered void if parents are not maintained out of it and all their fixed assets are distributed among the children.[1] Also section 23, sub clause 2 of the same Act, provides that a person who has the right to receive remuneration out of a property continues to have the same right even if the property is transferred. Also sub clause 1 provides that if a transfer has been made so that the person receiving the benefit of the transfer should maintain the person who transferred the property, and in such a case if he fails to do so, the transfer can be held invalid at the option of the person who transferred the property on the grounds of coercion or fraud. Although here, the person who transferred was dead and his wife was supposed to be maintained, this section can be used to prove the point that it is important for the transferee (the one who is receiving the benefit) to maintain a person if the transfer was made for such a purpose. This stand was taken in a case in Patiala where a man was not maintained by his son after he transferred the property to the latter. The deputy Commissioner in Patiala has, since then, sought to make this clause compulsory that parents who are neglected after they have transferred their property to their children can claim it back under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.[2] Hence the mother can take this recourse and ask the son to maintain her or claim the property back. [1]Spurned by son, Senior Citizen gets back property after legal battle, HINDU http://www.thehindu.com/todays-paper/tp-national/tp-tamilnadu/spurned-by-son-senior-citizen-gets-back-property-after-legal-battle/article3351273.ece   [2] http://www.tribuneindia.com/news/punjab/a-first-patiala-comes-to-aid-of-aged-evicted-by-their-own/131123.html  
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