Had the property not changes hands then certainly the transfer in favour of her son could have been reversed.

Now her remedy is to apply for maintenance and residence in the same house under PWDV Act. 

Daughters can file suit to claim equal share in property as they have not executed any gift deed or registered relinquishment deed 

seek injunction restraining sale of property by brother 

aunt can also take legal proceedings to set aside gift deed 

If all the other shareholders have transferred their rights in the property by a registered release deed and if the transfer was effected more than three years ago then it may not be possible to cancel the registered release deed.

If they have have done that by an unregistered deed then all of them can file a suit for partition jointly against the son and claim their rightful share in the property even now.

You may consult a local lawyer and proceed as suggested.

1. Assuming that your aunty executed Gift Deed in favour of her son, after her 4 daughters relinquished their shares in the property.

2.  If (1) is the scenario, then your aunty can initiate action against her son Under Section 23 of the Maintenance and Welfare of the Parents and Senior Citizens (MWPSC) Act, 2007 seeking setting aside of Gift Deed dated so and so.

3.   Alternatively,  in case your aunty and her 4 daughters were forced/induced to execute a registered Release / Relinquishment Deed in his favour relinquishing their shares, then the aunty and her daughters have to knock on the doors of the jurisdictional Court to cancel the deed in his favour and restore the property to aunty, her 4 daughters and a son.

Unless the  document signed by daughters is registered, it will not have any legal status. Daughters can claim share in the  property as it is ancestral.

Yes, your aunt and her daughters may have legal options to reclaim their share in the ancestral property, given the circumstances you described. Here's a detailed analysis and suggested course of action:

Legal Points to Consider:

1. Ancestral Property Rights:

   • Ancestral property is governed by the Hindu Succession Act, 1956. All legal heirs, including daughters, have an equal right to such property.
   • Your aunt, as a custodian of the property, cannot unilaterally transfer or gift the entire ancestral property to her son, as she only has her share in it.

2. Validity of the Signed Document:

   • If the daughters were coerced, misled, or signed the document without understanding its implications, it can be challenged in court.
   • If your aunt was also cheated and the document was fraudulently created to transfer the property solely to her son, this would be grounds to nullify the transaction.

3. Fraudulent Transactions:

   • The act of misrepresenting or manipulating your illiterate aunt to sign over ownership may constitute fraud under Sections 415 and 420 of the Indian Penal Code (IPC).
   • Misuse of government grants (e.g., PM Awas Yojana) could be an additional basis for legal action.

Legal Remedies:

1. Filing a Civil Suit:

   • File a suit for partition of the property in the appropriate civil court.
   • The daughters can claim their rightful share of the ancestral property.
   • Your aunt can also challenge the fraudulent transfer of her share.

2. Challenging the Transfer Deed:

   • Challenge the validity of the document signed by the daughters, arguing:

     • Coercion or misrepresentation.
     • Fraudulent intention in transferring the property solely to the son.

3. Seeking an Injunction:

   • Obtain a temporary injunction to prevent further construction, sale, or transfer of the property by the son until the matter is resolved in court.

4. Criminal Complaint:

   • Lodge a criminal complaint for fraud and harassment against the son.
   • Include allegations of misuse of funds under the PM Awas Yojana.

5. Senior Citizen Protection:

   • File a complaint under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking protection from harassment by the son.
   • The Tribunal can direct the son to provide financial and residential support to your aunt.

Immediate Steps:

1. Consult a Lawyer:

   • Engage a lawyer experienced in property and family disputes to draft and file the necessary complaints and petitions.

2. Collect Evidence:

   • Gather copies of all relevant documents, including:

     • The signed document.
     • Proof of ancestral nature of the property.
     • Records of government grant misuse.
     • Evidence of harassment by the son.

3. Public Notice:

   • Issue a public notice in newspapers stating that the property is under dispute, to prevent further transactions.

Key Considerations:

• The daughters’ signatures alone do not waive their rights in the ancestral property if obtained through coercion or misrepresentation.
• The court will examine whether the signed document aligns with legal requirements and was executed with free consent.
• The fact that your aunt is being harassed strengthens the case for remedial action under senior citizen laws.

Taking prompt legal action will be crucial to protecting your aunt’s and her daughter’s rights.

Legal Remedies:

1. Challenge the Document:

   • If the document was signed under coercion or fraud, it can be challenged in court. Legal heirs cannot waive their share in ancestral property through manipulation.

2. Ancestral Property Rights:

   • Daughters have an equal right to ancestral property under the Hindu Succession (Amendment) Act, 2005. File a partition suit to reclaim their shares.

3. Harassment & Elder Abuse:

   • File a complaint under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 against the son for harassment. Seek eviction if needed.

4. Misuse of Grant:

   • Report the misuse of PM Awas Yojana funds to local authorities for investigation.

Immediate Steps:

• Engage a lawyer to file for property partition and recovery.
• Gather evidence of fraud, ancestral nature of the property, and harassment.
• File complaints with police and senior citizen welfare bodies.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Due to harassment, Aunty can retrieve her property back and can cancel and terminate all documents in favour of son. However, daughters cannot re-claim. 

1. Presumably, your aunt may have been cajoled into executing a gift deed in favour of her son.

2. In this scenario, your aunt has a potent remedy under Senior Citizens Protection Act to file a petition in the Senior Citizens Tribunal to seek cancellation of the gift deed on the ground that she has been neglected by her son after the gift deed was executed. The Tribunal has the power to cancel the gift deed and restore the property to her. 

you can get the sale challenged on the grounds of false pretenses.

Dear Client,

Hence, according to the Hindu Succession Act, 1956, your aunt and her daughters can claim their legitimate share in the ancestral property, as all the legal heirs, including daughters, share equal rights on it. Since the document evidently was signed under possible misrepresentation, undue influence, or fraud, they can file a civil suit on the ground of invalidity and seek partition of the property. They can request an injunction to prevent the son from misusing or altering the property any further. As the transfer of the property occurred three years ago, they must take immediate steps to prevent complications that may arise out of limitations. It is highly suggested to take their wont by consulting a property lawyer so that they can file the suit to protect their rights.

She can approach civil court to claim her share

- As per Supreme Court , the children having no right to live and occupy the house of parents if he is mistreating them, and the parents can cancel the transfer documents which they have done in favor of children. 

- Your aunty can file a suit for Declaration before the Civil Judge to cancel the transfer papers /gift deed etc. on the ground of mistreat. 

- Further, if she is an old lady then she can also lodge a complaint under the provision of Senior Citizens Act against the son as well. 

- Further, if there is not registered transfer paper in the name of son , then the daughter can also file a case for claiming their equal share in the ancestral property.