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Now Elderly Parents Can Take The Gifted Property Back If ill Treated by Children

The selfish children push their parents out of their own property, once they have transferred it on their name. There
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The selfish children push their parents out of their own property, once they have transferred it on their name. There are numerous cases exists to prove the above statement. But now they won’t be able to ill-treat their parents anymore. In the wake to abolish ill-treatment of aged parents by their children, the Bombay High Court has ruled that parents can now take their property/shares back if children found misbehaving with them. 

In one of the recent judgment passed by the Bombay High Court in the favor of elderly parents states that “If elderly parents are ill-treated by the children then the law gives the parents the right to take back the property given to them as a gift deed.

The news reported by The Times of India on 16th July said that children who fail to take care of their elderly parents will be exempted from inheriting wealth from their parents.

The motion was passed when Natwar Sanghvi reported that his son and daughter-in-law allegedly ill-treated his second wife despite the promises. According to Natwar, he gave 50% of his Andheri flat to his son and daughter-in-law as a gift deed after they promised to take care of them in their ripe times.

Natwar lost his first wife in 2014 and thus remarried (also the time when the share was given). To maintain peace in the family he transferred 50% of the share in his son’s name only to learn that his second wife is being mistreated by the husband and wife duo.

Following the incidents, the father decided to file a complaint against his son to withdraw the gift deed. A division bench of Justices Ranjit More and Anuja Prabhudesai cited the special law for the maintenance of senior citizens and upheld the decision of a tribunal which had ordered to withdraw an Andheri resident’s gift deed to his son with 50% share in the flat.

According to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007() says that if a senior citizen agrees to transfer his or her share in the property as a gift deed upon the condition that their basic needs be taken care of but is ill-treated, then a maintenance tribunal is empowered to quash the agreement. The Act also has provisions to protect elderly parents who are left destitute.

The judge overlooked the petition filed by the son making it clear that the court is in no mood to entertain the petition. The Times of India quoted the judge as “Obviously, the son and his wife though ready and willing to look after the father was unwilling to do so in respect of the second wife. In the above circumstances, we do not find any error in the order (canceling the gift deed); therefore, we are not inclined to entertain this petition”. 

Taking care of parents in their old age is our duty. One needs to remember the number of affection parents had bestowed upon us while we were small, and we also need to understand that, we are all that they have. They don’t need money or property, all they want is our love and affection. If you differ on this please do let us know and if you are aware of any such case of ill-treatment of parents by their children, please bring them to our notice.   

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