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The Sins of the Son- Taking back Paternal Property

Courtesy/By: Utkarsh Yadav | 17 Aug 2018

It is not uncommon for parents to bequeath property to their descendants, however, the Bombay High Court recently stated that the gift cuts both ways.

The maintenance and welfare of parents and senior citizens act, 2007 was amended when a peculiar petition came across the bench of Justice Ranjit More and Justice Anuja Prabhudesai in which the petitioner challenged the cancellation of a gift deed which entitled him to 50% ownership of an apartment in Andheri, Mumbai. The deed was granted to the petitioner by his elderly father, who was living under the care of the son. The ownership of the flat was promised to the son and his wife on the condition that they would take care of the father and his second wife. The recipients readily agreed to the conditions and the ownership was transferred. However, the son and the wife failed to carry out the requests of the father in providing for the second wife. The Court declared that the law in question was especially enacted to protect the elderly who have gifted their assets over to their offspring, but are then neglected by the same. The bench decided to trash the petition, hence stating that the gift deed can be reversed.

Courtesy/By: Utkarsh Yadav | 17 Aug 2018