Legal Question in Elder Law in India

Hi,

Background information:

I am 1 of four brothers. My father lives with me and I take care of him and all his expenses. My other 3 brothers do not take care of anything including expenses. All of us are do well for a living. My father executed gift deeds of his property in 4 equal shares. However, its only me who has to take care of all his expenses. Also my younger brother once got a blank cheque signed by my father and used it to withdraw the money and put it in some other bank and is not letting my father know the details of his money fearing again that my father would give it to me. This is actually true. As my father lives with me he wants to give it to me. He is however very old. I do have his power of attorney and can fight in court on his behalf.

My question is:

1. Can my father apply to cancel the gift deeds to my brothers under the senior citizens welfare act. They were all unconditional gift deeds.

2. What can I do to get my father's money back. I have no idea where the money was taken from the bank it was originally in. I just know that my brother got a pay order issued in my father's name. As that brother is himself a bank employee, He has all the documents and is not giving it to my father I suspect he may have opened a joint bank account himself, deposited the pay order and then withdrew the amount. Of course I am not sure. Could you please guide me as to what can be done legally to retrieve the money.

1 Answer from Attorneys

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