Elderly parents can take back property gifted to son, rules Bombay HC

Elderly parents can take back their property given to a son if they are illtreated and harassed by him, says Bombay High Court.


Division bench of Justice Ranjit More and Anuja Prabhudesai revised welfare and maintenance of senior citizens Act stating that parents can cancel the gift deed offered to their son if their child fails to treat them with respect and harass them.

Tribunal’s order that had cancelled a gift deed given by an elderly Andheri resident by which he had granted 50% share in his flat to his son.

The first wife of elderly died in 2014. After a year when he decided to remarry, his son and daughter-in-law requested him to name share of Andheri flat’s to them. To maintain peace in the family, he named 50% of share in the flat to his son in May 2014.  After that they stared insulting the elderly man’s second wife. The father and his second wife were forced to leave the Andheri flat. Then father approached to the maintenance tribunal, which cancelled the gift deed, the son challenged the tribunal’s order, but the High Court, Bombay dismissed the petition.

According to the Maintenance and Welfare of senior Citizen act, 2007, if a legal obligation of the children to look after their elderly parents and abandoning them is a criminal offence and it also said that elderly parents can claim maintenance from their children and grandchildren worth Rs. 10,000.

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