How An Elderly Person Might Reclaim Property Received Through A Gift Deed

Here’s how older citizens might reclaim their property or assets if they gave them to their offspring as gifts but were later kicked out by them.

Eligibility requirements for recovering property

According to the Maintenance and Welfare of Parents and Senior Citizens Act, a senior citizen is any Indian citizen who is 60 years of age or older. If a senior citizen’s offspring or legal heirs are unable to meet their basic needs as required by law, they may be entitled to receive the property that was given to them by gift deed.

According to the law, the maintenance part of the Act implies that children or legal successors are required to pay for the senior parent’s housing, food, clothes, medical care, and treatment. The term welfare refers to the provision of amenities including recreation, health care, and other necessities for senior folks. The primary beneficiaries of this Act are elderly people or parents who are unable to care for themselves out of their own income (such as pensions, etc.), or out of the assets and properties they possess.

The Act also offers protection to elderly people and parents who signed documents transferring their property or assets to their children or legal heirs with the expectation that they would care for them in old age, but who are unjustly neglected by those children or legal heirs.

It makes no difference if someone reached senior status after the donation deed was signed. The Act’s goal is to make it possible for elderly citizens to withdraw gift deeds regardless of whether they reached 60 after the deed was granted, as long as the gift deed was performed after the Act’s passage.

The senior citizen does not have recourse under this Act if the gift deed was executed before the beginning of this Act, which is December 29, 2007. They may, however, contest it in front of a High Court.

Procedure for recovering property

The senior citizen will be required to have the gift deed canceled after eligibility has been verified. Section 23 of the Act will be used to revoke the gift deed.

The Delhi government’s 2017 Rules outline the process for removing children or legal heirs from older adults’ properties or residential buildings. According to the regulations, an elderly citizen may apply to the Deputy Commissioner/District Magistrate (DM) of his district for the eviction of his children or other legal heirs from his self-acquired property due to their neglect and mistreatment. Additionally, it specifies that any voluntary organization registered under the Societies Registration Act 1860 or any other Indian may appeal on behalf of the senior citizen if the parent or senior citizen is unable to file an application or is not in the position to do so.

A senior citizen must file a declaration request with the court or maintenance tribunal in order to nullify the previous transaction (gift deed). In the event that the grandchild refuses to take care of the senior citizen or does not adhere to the obligations extending to the needs of the senior citizen to lead a normal life, the senior can even apply for the recovery of property and assets from the grandchild.

These parents and senior persons can seek the recovery of vacant possession of the property as well as a relief prohibiting the kid, grandchild, or other family members of the child’s claimant from entering the senior citizen or parents’ property. It should be emphasized that any offense under this Act is cognizable and subject to bail under section 25 of this Act.

The price of recovering property

The sum of money a senior individual must pay to cancel a gift deed and reclaim the property or gift deed is arbitrary. A legal professional or lawyer is not required for the older citizen to be represented before the Maintenance Tribunal. The costs for obtaining property or assets through the Maintenance Tribunal are extremely low. The court fees are really minimal. Furthermore, it depends on state regulations if any stamp duty needs to be paid for reclaiming property.

On the other hand, it depends on the type of attorney you are hiring if you are requesting relief from the High Court. The cost ranges from Rs. 25,000 to Rs. 1 lakh.

News Mania Desk