BOMBAY HIGH COURT: Senior Citizens can reclaim the property gifted to their children

Senior Citizens can reclaim the property gifted to their children on grounds of ill-treatment, based on the provisions of “MAINTENANCE & WELFARE OF PARENTS & THE SENIOR CITIZEN ACT, 2007”

The Bombay High Court passed an Order to the effect that Elderly parents can retrieve the share of the property gifted to the son if the later ill-treats the former.

In fact the court cancelled the Gift Deed given by the Elderly father to his son.

The “MAINTENANCE & WELFARE OF PARENTS & THE SENIOR CITIZEN ACT, 2007” makes it a legal obligation of children to look after & also to take care of their Elderly parents. It also makes non-maintenance of parents by their children a Criminal Offence.

The Act also allows the Elderly parents to claim maintenance not only from their children but also from their grandchildren.

The Judgment of the Bombay High Court equally applies to the step-mother, and if applicability extended, to the Step-father. The Maintenance Tribunal can also be approached seeking cancellation of Agreement on Transfer of Property from Senior Citizens to children on grounds of refusal of maintenance of parents and / or harassment.

Dr. Gubbi.S.Subba Rao

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