Bombay HC: Elderly Parents If Ill-Treated Can Take Back Gifted Property From Son

The Logical Indian Crew Maharashtra

July 16th, 2018 / 5:13 PM

Elderly Parents Gifted Property

Representational Image: WikimediaUdayavani

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.


Also read: One In Every Four Elderly Parents Experience Abuse From Their Family, Where Are We As A Society Heading To?


Contributors

Written by : Sromona Bhattacharyya

Edited by :

Related Stories

Hindu Widow Can’t Be Deprived Of Property Vested In Her After Remarriage: Karnataka High Court

In Bihar, Abandoning Elderly Parents Can Land Children In Jail As Cabinet Approves Proposal

115 Villagers Flight

Flying High: These Businessmen Gifted 115 Tamil Nadu Village Seniors Their First Flight Experience

Manual Scavengers

Meet The Man Who Has Gifted New Life To Over 31 Thousand Manual Scavengers

Second Marriage Joint Property

Children From Second Marriage Cannot Claim Share In Ancestral Joint Family Property: Bombay HC

Elderly Parents

One In Every Four Elderly Parents Experience Abuse From Their Family, Where Are We As A Society Heading To?

Latest on The Logical Indian

Environment

Temple In Gujarat Shifts To Solar Energy, Uses Saved Money To Fund Sanskrit College

News

New Citizenship Act Causes Rift In NDA, JD(U) Disagrees With BJP On NRC

Get Inspired

Pune’s Open Library Movement Makes Books Available 24*7, Runs On Donate-Read-Donate Concept

Exclusive

Exclusive: This 8-Year-Old Indian Is Preaching World Leaders About Climate Change

News

BJP Can’t Bulldoze States To Implement Amended Citizenship Act: West Bengal CM Mamata Banerjee

News

Citizenship Protest: US, UK Warn Citizens Against Travelling Northeast India

x

Stories that deserve attention, delivered to your inbox!

Handpicked, newsworthy stories which deserve the attention of a rational generation.