Mumbai: Civil Court Cancels 87-Year-Old Retired BMC Official's Gift Deed Amid Fraud Claim Against Son

Mumbai: The city civil court has cancelled an 87-year-old retired BMC official’s gift deed to her younger son. The woman claimed that her son made her sign the house documents in June 2022 under the pretext of a redevelopment agreement. The court noted that “a fraud or misrepresentation is a solid ground to revoke the deed”.

About The Case

The woman resides in a self-owned flat at Shwet Deepmala CHS in Borivali (West). She claimed that the building is going in for redevelopment and her son used it as a pretext to register the deed in Kandivali (East) even though the office is in Borivali as well. She also claimed that the documents were in English, a language she doesn’t understand. The octogenarian claimed the son rented a house on ‘leave and license’ agreement and made her and her 94-year-old husband (now deceased) shift on June 24, 2022, under the guise of pest control, renovation and redevelopment.

He allegedly introduced them to the owner as his aged uncle and aunt with no children. The woman said she got suspicious and consulted her elder son and daughter. The family then demanded the documents, following which the woman shifted back to her house with her husband on June 26, 2022, and lodged a police complaint. On July 6 that year, the family obtained certified copies of the documents, which revealed that signatures had been taken on a gift deed.

After this revelation, the woman filed a suit before the city civil court, Dindoshi, for its cancellation. The son denied all allegations and claimed that his mother wanted to transfer the flat in his name. He said she confirmed time and again that the deed was executed of her own free will. He also claimed that his mother retired from the BMC and was conversant in English. He said the deed was registered at Magathane, Kandivali East, as per the appointment available and as the erstwhile builder had registered the earlier development agreement before the same registrar.

The court noted the man’s relationship with her mother; the fact that he didn’t visit her when she was admitted to a hospital and that he didn’t attend his father’s funeral or meet his mother after his demise. It also noted that he admitted that his mother looks after her own needs. The court noted the silence on who prepared the deed and whether the plaintiff was present at that time. “Under the circumstances, it can’t be ruled out that the plaintiff signed the document assuming it pertained to redevelopment,” the court noted.

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