Indian elderly get right to cancel a gift deed to children

Old Couple


New Delhi:  An Indian court has ruled in favour of elderly parents giving them rights to take back the property gifted to son if they are ill treated. The Mumbai High Court in India, the apex court in the province of Maharashtra, has ruled that parents can take back a share in their property given to a son as a gift if he fails to look after them or harasses them.

A division bench of Justices Ranjit More and Anuja Prabhudesai upheld a lower court order that had cancelled a gift deed given by an elderly resident Andheri area in Mumbai city by which he had granted 50% share in his flat to his son.  The order was passed by the court on the basis of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. “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. 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 court while passing the order against the son recently.


The Maintenance and Welfare of Parents and Senior Citizens Act 2007 in India has provisions to protect the interests of the parents and elderly persons who have signed away their property or assets to a person.



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