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If Not Properly Taken Care Of, Elderly Can Take Back Property Gifted, Says Bombay HC

Courtesy/By: Snigdha Kashyap | 17 Jul 2018

Bombay High Court on Saturday ruled out that elderly parents can take back a share in their property given to son as a gift if he ill-treats them, fails to look after them or harass them.

Justice Ranjit More along with Justice Anuja Prabhudesai upheld a tribunal’s order for cancelling a gift deed given by an elderly Andheri resident by granting 50% of share in his flat to his son.

The gift deed was requested by his and son’s wife. It conditioned that they both will take care of his elderly father and his second wife after such transfer. Later son along with his wife although willing to look after elderly father , refused to look after his second wife. Son filed a petition for the same.

The 2007 law states that if a senior citizen has transferred his share in the property after 2007, on the condition that he will be looked after, but the person refuses to do so, then a maintenance tribunal is empowered to quash such transfer.

Courtesy/By: Snigdha Kashyap | 17 Jul 2018