Elderly parents can reclaim gifted property from son, if he ill treats them: Bombay High Court

In a remarkable judgment by the Bombay High Court, it has been stated that the elderly parents can take back a share in their property gifted to their son on the grounds of ill-treatment. The Court has made this decision whilst providing relief to an elderly father fighting the legal battle against his own son who ill-treats his stepmother.

The Court has given this ruling in a case where an elderly father had granted a 50% share in his flat to his son through a gift deed so that his son can look after him and his second wife, and to buy peace in the family. The Court also took notice of the fact that the Gift Deed was made at the request of the son and his wife.

However, after receiving the property, the son and his wife started ill-treating and insulting the elderly man's second wife. The Court has cancelled the gift deed given by the elderly father to his son.

The Court has based its judgment on the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 which states that it is a legal obligation of children to look after and take care of their elderly parents. Abandoning the parents is a criminal offence. Elderly parents can also claim maintenance from their children and grandchildren of up to Rs. 10,000 under the Act.

Maintenance Tribunal can also cancel an agreement relating to a transfer of property between a senior citizen and his or her children if the children refuse to maintain their parents or harass them after they have received the property.