If you refuse to take care of your elderly parents or misbehave with them, chances are that you will be losing your share of property gifted by your parents. In a new rule by Bombay high court, senior citizens can take back a share in their property given to a son as a gift if he ill-treats them.
Citing the special law for the maintenance of senior citizens, a division bench of Justices Ranjit More and Anuja Prabhudesai upheld a tribunal’s order that had canceled a gift deed given by an elderly Andheri resident by which he had granted 50% share in his flat to his son, as mentioned in a TOI report.
The judges said, “The gift deed was made at the request of the son and his wife. It is implied that the elderly father and as well his second wife would be looked after by them after transfer of 50% share in the flat.”
While dismissing the petition filed by the son, the court 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 (canceling the gift deed), therefore, we are not inclined to entertain this petition.”
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 makes it a legal obligation for children and heirs to provide maintenance to senior citizens and parents, by monthly allowance. This Act also provides a simple, speedy and inexpensive mechanism for the protection of life and property of the older persons.
This act also has provisions that protect parents and elderly persons who have gifted their share of property or assets to their children so that they would be taken care of but are then left helpless.
If the share in the property by a senior citizen is transferred through a gift or deed to his/her children on the condition that their basic needs will be fulfilled, and the person refuses to maintain the agreement, then a maintenance tribunal is to be empowered to cancel the agreement.
In the present case, the senior citizen’s first wife died in 2014. Last year, when he wanted to remarry, his son and daughter-in-law requested that a share of the Andheri flat should be transferred to them. To buy peace in the family, he transferred 50% share in the flat to his son in May 2014. Subsequently, the son and daughter-in-law started insulting the elderly man’s second wife, as mentioned in the report.