Gladys Knight's son is refusing to remove her name from his Atlanta restaurant chain - because he claims in new court papers - she lacks the 'mental capacity' to rescind the licensing deal.

Soul singer Knight had ordered her son, Shanga Hankerson, to remove her name from his Gladys Knight's Chicken and Waffles outlets after he was accused of stealing from the business.

But the battle between The Midnight Train To Georgia singer and her son has turned even nastier, as Hankerson has now moved to block his mother removing her name from the business.

The court documents, filed Thursday and seen exclusively by DailyMail.com, say 'Plaintiff’s claims are barred, in whole or in part, [sic] lack of mental capacity to rescind the license agreement granted to Defendants.'

Gladys Knight and her son Shanga Hankerson, pictured together in 2013. But their relationship has turned nasty after Hankerson filed documents fighting his mother's wish for her name to be removed from his restaurant chain, after he was accused of stealing from the business

Knight had a ten-year deal with her son to license her name for the restaurant chain. That expired in 2009

72-year-old Knight, a ten-time Grammy nominee, is known as the 'Empress of Soul'. She is seen here at a 2015 concert in London

Knight, known as 'The Empress of Soul' has no role in the business and only allowed her son to use her name under a licensing deal.

But the arrangement has soured since the Department of Revenue accused Hankerson of theft and tax evasion in June.

Federal agents raided three of the restaurants in Georgia and shut down operations.

Hankerson was booked into Clayton County Jail on June 22 on felony theft charges relating to unpaid taxes at the restaurant chain

The officials allege that Hankerson stole over $650,000 in sales taxes and withheld taxes owed to the state. The total, with penalties and interest, exceeds $1 million dollars.

Knight, age 72, subsequently sued her son and his companies, Rival Group, Cascade Foods and Granite Foods.

She said she had sent a cease and desist in July to Hankerson.

But despite an Aug. 17 email from Hankerson's attorney, in which she says Hankerson has 'no desire to fight his mother for use of her name', he has yet to change the branding of the restaurants.

The licensing deal between the family members lasted ten years but expired in 2009. The pair continued to have an oral licensing arrangement until this year, but after her son's alleged misdemeanors Knight wanted out.

The Midnight Train to Georgia singer in 1964, before she signed to Motown Records

Gladys Knight and the Pips signed with Motown in 1966 and found global fame

She filed a lawsuit in August demanding damages for Hankerson's continued use of her name on the restaurant chain, as well as 'certain proprietary recipes and memorabilia, including Knight’s dresses/costumes and photographs featuring Knight and other celebrities'.

Hankerson is now fighting back, denying all the allegations of wrongdoing by his mother over his Chicken and Waffle joints.

He says her lawsuit is a violation of a state court order, and that she has been paid for the use of her name on his restaurants and consequently cannot void their deal.