If ill-treated, elderly parents can take back property gifted to son: Bombay HC

Moneylife Digital Team 16 July 2018

Elderly parents, if ill treated, can take back property gifted to their son, says the Bombay High Court. Upholding an order passed by the Maintenance Tribunal, the Bench of Justice Ranjit More and Justice Anuja Prabhudesai said under the Maintenance and Welfare of Parents and Senior Citizens Act, the gift deed can be cancelled.

According to a report from the Economic Times the Act, passed in 2007, has provisions that protect parents and elderly persons who have signed away their property or assets to a person so that they would be taken care of, but are then left destitute.

Quoting the Bench, the report says, “The gift deed was made at the request of the son and his wife. It is implied that the elderly father and his second wife would be looked after by them after transfer of 50% share in the flat. Obviously, the son and his wife though ready and willing to look after the father were unwilling to do so in respect of the second wife. In the above circumstances, we do not find any error in the order (cancelling the gift deed), therefore, we are not inclined to entertain this petition."

Sharing details of the case, the report says, the senior citizen, after death of his wife, wanted to remarry. At that time, his son and daughter-in-law requested him to transfer 50% share in his flat at Andheri, which he did in May 2014. However, after the marriage, the son and daughter-in-law started insulting second wife of the senior citizen, and both were forced to leave their Andheri flat. The father then filed application in the Maintenance Tribunal, which ruled in his favour. However, the son challenged this order in the High Court.

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