Bombay HC: Elderly Parents Can Take Back Gifted Property From Son, If He Fails To Treat Them Well


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“The Maintenance and Welfare of parents and senior citizens act, 2007 makes it a legal obligation of children to provide for their elderly parents, abandoning whom is a criminal offence.” 

 

MUMBAI: In order to empower the elderly parents, the Bombay High court in a judgement has ruled that elderly parents can take back their property from their son, if he fails to look after them or harasses them.

As per the report of  Times Of India on July 16, a division bench of Justices Ranjit More and Anuja Prabhudesai cited the special law for the maintenance of senior citizens, and upheld the decision of a tribunal which had ordered to withdraw an Andheri resident’s gift deed to his son with 50% share in the flat.

“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,” said the judges. “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,” said the HC and dismissed the son’s petition.

According to Asian Age, the Mumbai suburban collector, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, had passed the tribunal order mentioned above after receiving a complaint from one  Natvar Keshavlal Sanghvi against his son, Pritish Natvar Sanghvi.

When Mr Natvar’s first wife died in 2014, he wished to remarry.  It was then that he had given a 50% share of his flat in Andheri, Mumbai to his son and daughter-in-law, by way of gift deed to “maintain peace in the family”. However just after the marriage they started insulting the elderly man’s second wife. The father and his second wife were forced to leave the Andheri flat. The father then approached the maintenance tribunal, which cancelled the gift deed. The son challenged the tribunal’s order, but the HC dismissed the petition.

 

‘What does the law states?’

According to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 if a senior citizen agrees to transfer his or her share in the property as a gift deed upon the condition that their basic needs be taken care of, but is ill-treated, then a maintenance tribunal is empowered to quash the agreement. The Act also has provisions to protect elderly parents who are left destitute.


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