Elderly parents can now take back property gifted to son, if ill-treated

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The Maintenance and Welfare of Parents and Senior Citizens Act protects the elderly who have signed away their property and are then left destitute.

Elderly 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, the Bombay high court has ruled. Citing the special law for maintenance of senior citizens, Justices Ranjit More and Anuja Prabhudesai upheld a 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 2007 Act  has provisions that protect parents and elderly persons who have signed away their property or assets to a person so that they would be taken care of, but are then left destitute. If a senior citizen has signed an agreement after 2007 to transfer his share in the property, for example through a gift deed, on the condition that his basic needs would be taken care of, but the person refuses to honour the agreement, then a maintenance tribunal is empowered to quash the agreement.