What can be done if gift deed is cancelled under Senior Citizen Act on ground of fraud?


Under Section 126 of Transfer of Property Act, the gift may be suspended or revoked under three conditions only: when donor and done mutually agree to cancel the gift, when the done fails to accept to gift, or when the conditions of the gift are rescinded. Similar to a contract, the gift can be made subject to the fulfillment of certain conditions and failure of complying to those conditions result in rescission or cancellation of the gift. Another ground for cancellation of gift is if the consent of the donor for the purpose of gift was obtained via fraud or undue influence.

If it is proved that the consent of the donor was obtained through fraud, coercion, misrepresentation or undue influence, then the gift deed becomes voidable at the option of the donor. The donor can revoke his consent of such gift within a period of three years from the date of discovery that the consent was not free.

Under Section 23 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, if a senior citizen has transferred his property through git subject to the condition that transferee will provide basic amenities and he fails to provide such amenities or take care of physical needs, then the transfer of property will be deemed to have been made through fraud or coercion or undue influence and can be declared void by the Tribunal at the option of the transferor. Section 25 states that every offence under this Act is cognizable and bailable and will be tried under a Magistrate.

Under Section 16, an appeal in Appellate Tribunal can be filed against an order of a Tribunal within sixty days of such order. Section 17 states that no party under a proceeding before a Tribunal will be represented by a legal practitioner. Since jurisdiction of civil court is barred under Section 27 of this Act, we will have to file an appeal in the Appellate Tribunal.

Reference: Section 126 of Transfer of Property Act, Sections 16, 17, 23, 25 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007



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