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, a division bench of Justices Ranjit More and Anuja Prabhudesai 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 court and dismissed the petition filed by the son.
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