Mother can file application before senior citizen tribunal to set aside gift deed as daughter has failed to take care of her 

seek maintenance from her daughter 

It should be filed in city where mother is residing and gift deed executed 

contact a local lawyer 

You can check whether the gift deed is written conditional or unconditional.

If it's conditional gift then the amount can be given to daughter according to conditional.

1. Yes, it's possible under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

2.  As per Section 23 of the Maintenance Act, if the Son/Daughter fails to honour the promise made to the Mother that she will be looked after well subsequent to the execution of Gift Deed and fails, the agreement to transfer the property shall be deemed to have been obtained by way of fraud and can be voidable by the mother.

3.  She can contact the jurisdictional Collector of the District in Kerala.

If the gift settlement deed was executed with the recital that the donee shall take care of the donor and subsequent to the transfer if the donee had ignored or failed to take care or maintain the donor, it can be construed that the donee breached the conditions of gift settlement deed,  hence the donor can revoke the deed. 

The donor can approach the senior citizens welfare tribunal to  retrieve the property. 

She can contact a local lawyer to assist her. 

If she's not able to find even a lawyer then you may contact someone from your source to help her to approach the district collector office within her residential district for giving the application to revoke the gift deed and to retrieve her property. 

A case must be filed in a senior citizens tribunal where she lives. 

It is generally located within the district collector's office.

Yes she can do it and revoke the same

- Since the mother has wrote Dhana Nischayam Adharam to daughter , it means that the daughter has got property /assets by way of a gift deed. 

- However it the said gift was conditional that during her life time the daughter will take care of her , then legally mother can cancel the same on the ground non care .

- Further, the said mother can also claim maintenance from her daughter as well. 

-  Hence, mother can file a complaint under the provision of Senior citizen act before the higher police official or DM for getting maintenance and to cancel the said Dhana Nischayam Adharam .

- Even any person can file this compliant on behalf of her after taking her consent. 

Dear client, 

- The age of the mother, her literacy and the situation and conditions prevailing at the time when such deed as being executed will need to be recalled and refreshed in memory. There could be a ground of coercion cited as to have this deed cancelled. Facts adducing coercion need to be highlighted.

- The one fact that this fact of registration of the gift deed was revealed to you at the time of your father's death by your mother or the son can sustain that hiding such facts from the other legal heirs to your mother's property would amount to a relevant fact that can admitted be taken as evidence as to show the state of the mind of such daughter to sustain the existence of instance of exercise of undue influence and coercion on your mother by such daughter - as not to reveal the execution of the gift deed you and your deceased father were kept in dark.

- She can have such deed cancelled by filing a civil suit before the civil court u/s 31 of the Specific Right Act, 1963 wherein she needs to state that if such deed is not cancelled she would make suffer for her moral guilt as not considering the well development of her other children and that she could have been unduly influenced by such daughter.

You will require the help of an advocate in Kerala. 

Thank you.

Hi, if the above documents is registered one then as per the provision of Senior Citizen Act she can cancel the same.