In Mumbai, a parent had transferred a flat worth lakhs of rupees, his life’s earnings, to his son, thinking that the son would serve him in his old age, but when the son started disrespectful and unwilling to serve, the parents took refuge in the court and in the court case that lasted for several months, the decision came in favor of the parents. When the son did not fulfill his responsibility, the Bombay High Court ordered the return of the flat. If parents have left their property in the name of their son or daughter in the belief that they will be taken care of in their old age, but this is not the case, then they are entitled to get their property back. The Bombay High Court has made this clear in an important decision.
The Bombay High Court has said in its recent judgment that if the parents had given property to their son through a gift deed on the condition that he would take care of them, but he did not fulfill his responsibility, then the parents have the legal right to take back that property. This right will apply even if the parents are financially capable.
Daughter-in-law and son did not take care
This case is related to a flat located in Lower Parel, Mumbai. The 68 year old father had gifted the flat to his son. He later alleged that his son and daughter-in-law were not taking care of him and his wife and he was forced to leave the house. After this he demanded relief under the Senior Citizens Act.
The High Court upheld the order of the Senior Citizens Tribunal and directed to return the flat to the son. The court said that the expectation of care for the parents is natural and inherent in the transfer of property. If this trust is not followed, the gift deed can be cancelled. This decision is believed to strengthen the rights of senior citizens and can become an important legal precedent for such cases in future.
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