Bombay HC: Elderly Parents If Ill-Treated Can Take Back Gifted Property From Son
In a move that seeks to empower elderly parents, the Bombay High Court in a recent judgement has ruled that elderly parents can take back property gifted to a son if he ill-treats them.
The Mumbai High Court judgement
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, reported Times Of India on July 16.
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.
Elderly Parents ill-treated
Reportedly, Natvar, after the death of his wife, 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, after his second marriage, Natvar alleges that his son and daughter-in-law started ill-treating his second wife. After the tribunal’s order, the son filed a petition seeking respite from the High Court.
The judges at the hearing said that the gift deed implied the fact that the elderly father and his second wife will be looked after. The Times Of India while quoting the judges said, “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.”
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.