The Bombay High Court through its recent verdict stated that ‘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 harass them’. Taking into consideration the special law for the maintenance of senior citizens such a verdict has been delivered.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has provisions that protect parents and elderly persons who have signed away their property and assets to a person so that they would be taken care of but are left without any resources.
The petition was filed by a son challenging a tribunal’s order that cancelled a ‘gift deed’ given by his father. The parent however alleged that he was ‘harassed’ by his son.
The court highlighted that the gift deed was given by the father on the request of his son. Hence, it was implied that ‘the son and daughter-in-law would take care of the father and his second wife after half of the share in the flat was transferred in the name of the son, as it was mentioned by the judges.
“The gift deed was made at the request of the son and his wife. It is implied that the elderly father and his second wife would be looked after by them after transfer of 50% share in the flat. 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,” stated the report of the verdict.
A survey conducted by HelpAge India had revealed that out of the 5014 elders, across 23 cities, 25% have experienced abuse. The most common form of abuse was reported to be ‘disrespect’, followed by ‘verbal abuse and neglect’. Sons and daughter-in-laws turned out to be the primary abusers in most cases.