“If ill-treated, elderly parents can take back property gifted to son, rules HC - The Times Of India - Goa, 2018-07-16.”
With that landmark ruling, a worthy precedent has been set except if overturned by the Supreme Court. I am not aware of anywhere in the world of such a court ruling. Now malicious children or their malicious spouses will have to think twice. https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIGO%2F2018%2F07%2F16&entity=Ar00329&sk=66343CEC&mode=text# If ill-treated, elderly parents can take back property gifted to son, rules HC Mumbai: 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 the maintenance of senior citizens, the court 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 gift deed was made at the request of the son and his wife. It is implied that the elderly father and as well his second wife would be looked after by them after transfer of 50% share in the flat,” said the judges. “Obviously, the son and his wife though ready and willing to look after the father were unwilling to do so in respect of the second wife. In the above circumstances, we do not find any error in the order (cancelling the gift deed), therefore, we are not inclined to entertain this petition,” said the high court and dismissed the son’s petition. In the present case, the senior citizen’s first wife died in 2014. Last year, when he wanted to remarry, his son and daughter-in-law requested that a share of the Andheri flat should be transferred to them. To buy peace in the family, he transferred 50% share in the flat to his son in May 2014. Subsequently, the son and daughter-in-law started insulting the elderly man’s second wife. According to the father, he and his second wife were forced to leave the Andheri flat and reside in another apartment on rent. The father then approached the maintenance tribunal, which cancelled the gift deed. The son challenged the tribunal’s order. He said that he was willing to allow his father to stay in the flat, but would not permit his stepmother. The Bombay high court dismissed the petition pointing to the provisions of the law. Roland Francis 416-453-3371
