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Bombay HC Says Now Elderly Parents Can Reclaim Gifted Property From Son If They Are Ill-Treated

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Bombay HC Says Now Elderly Parents Can Reclaim Gifted Property From Son If They Are Ill-Treated

The Bombay high court has issued a new rule for the safety of the elderly people. The oldies can now take back a share in their property given to a son as a gift if he fails to look after them or harass them.

Referring to the special law for the safety of senior citizens, a division bench of Justices Ranjit More and Anuja Prabhudesai maintained a council’s request that had dropped a blessing deed given by an elderly Andheri based resident by which he had asked for half of her share in his apartment to his son.

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The judges said, “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.”

The court dismissed the petition filed by the son and stated, “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.”

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The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has arrangements that secure guardians and elderly people who have transferred ownership of their property or resources for a man with the goal that they would be dealt with, however, are then left down and out.

On the off chance that a senior resident has signed  to an agreement after 2007 to exchange his or her offer in the property, for instance through a blessing deed depending on the prerequisite that their fundamental needs would be dealt with, yet the individual declines to respect the honor, at that point a support court is enabled to subdue the understanding.

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In the present case, the senior subject’s first spouse passed away in 2014. A year ago, when he needed to remarry, his child and daughter-in-law asked for the share of the Andheri flat for them.

To have a peaceful life and for the sake of his family, he gave 50% share to his son in 2014. After this, the son and daughter-in-law began harassing the elderly man’s second wife.

Well, HC has taken the right decision for the safety of the elderly members who trust their sons but they abandon them after acquiring their parents’ property. In fact, not just this, a special law should be made for all the sons and the daughters-in-law where they get jailed for committing this offence.

Published by Mamatha on 16 Jul 2018

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