If ill-treated, old aged parents can take back property gifted to son, rules Bombay High Court

Elderly parents could take back a share in their property given to a son as a gift if he fails take care when them or harasses them, the bombay court has passed judgement. Citing the special law for maintenance of senior citizens, Justices Ranjit more and Anuja Prabhudesai upheld a tribunal’s order that had cancelled a gift deed given by an aged parents of Andheri resident by that he had granted five hundredth share in his flat to his son.

“The gift deed was created at the request of the son and his spouse. it’s understood that the aged father and his second spouse would be {looked when|taken care of|sorted} by them after transfer of fifty share in flat,” aforementioned the judges. “Obviously, the son and his spouse although prepared and willing to look after the daddy were unwilling to try to to so in respect of the second spouse. in abovementioned circumstances, we don’t realize any error in order (cancelling the gift deed), therefore, we aren’t inclined to entertain this petition .

The 2007 law (see box) has provisions that shield parents and aged persons World Health Organization have signed away their property or assets to an individual so they’d be taken care of, however are then left necessitous. If a old person has signed AN agreement after 2007 to transfer his share in property, as an example through a gift deed, on the condition that his basic desires would be taken care of, however the person refuses to honour the agreement, then a maintenance court is authorised to quash the agreement ..

The senior citizen’s 1st spouse died in 2014. Last year, when he wished to get married, his son and daughter-inlaw requested that a share of the Andheri flat ought to be transferred to them. to buy peace within the family, he transferred five hundredth share in flat to his son in may 2014. afterwards, they started insulting the aged man’s second spouse. the daddy and his second spouse were forced leave the Andheri flat. the daddy then approached the maintenance court, which cancelled the gift deed. The son challenged the tribunal’s order, however the HC dismissed the petition.