Parents who gift their children property on the condition that the latter will take care of them in their old age can reclaim this property if the bargain isn’t kept, the Bombay high court held, clarifying that this applies even if the parents are financially independent.
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A division bench of acting chief justice Ravindra Ghuge and justice Gautam Ankhad was hearing a petition filed by a 42-year-old Lower Parel resident, challenging an order that directed him to hand over possession of a flat in Lower Parel to his 68-year-old father.
The father, a jeweller had bought the flat in March 2005, where he lived with his wife, son and son’s family. After 18 years, he gifted it to his son by executing a Gift Deed on May 8, 2023, on the condition that his son would provide him and his 60-year-old wife with basic amenities. However, the father claimed that their relationship soured over time and eventually deteriorated to such an extent that the jeweller and his wife had to leave the premises in 2025, prompting him to approach the tribunal that functions under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. On April 13, the tribunal ordered the son and his family to vacate the premises in 60 days and hand it over to his parents.
The son then approached the high court, challenging the order on multiple grounds, including that the 68-year-old is financially independent, had his own business and owned other immovable properties. “The respondents are neither destitute nor incapable of maintaining themselves,” the son contended.
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The court, however, rejected the argument, saying that under Section 23 of the Senior Citizens Act, 2007 the tribunal can declare a gift of property void where the transfer is subject to a condition to provide the elderly parents with basic amenities and physical needs and the beneficiary has refused or failed to discharge the obligation.
“The applicability of Section 23 does not depend upon the financial status of the senior citizen,” the bench said. “Once the statutory conditions of Section 23 are satisfied, the transfer can be declared as void.”
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