Gifted Property can be taken back by the maintenance committee
Bombay High court has given out the verdict that elderly people(over 60 years of age) can take back their share if they are not being taken care of or are being pestered by their children. Justices Ranjit More and Anuja Prabhudesai cancelled a gift deed in Andheri where an elderly resident who granted 50% share in his flat to his son. A committee as setting up and a discussion were made on it and then was declared void. The gifted property can be taken back by the maintenance committee, such is the rule as many elderly people are being mistreated and are even being murdered by their own children for money and property matters.
This gift deed was made on the request raised by the son and the daughter-in-law. It was expected that the elderly father and his second wife would be taken care of but it didn’t happen. As the second wife was not their own but the father was so they were unwilling to do anything for her. So in this way, the petition was declined and the order was made. Jail for 3 months too is there as a punishment.
The senior citizen (father) wanted to re-marry as his first wife dies in 2014 and he was lonely. So the son and the wife agreed to this on one condition which was regarding the Andheri flat. They requested to have the share of that flat. The father agreed and transferred 50% in the month of May 2014 to his son. Things were settled and were going smooth. But after some time the couple started to misbehave with the second wife and the father as well which led arguments and disharmony. Soon the old couple was forced to leave the Andheri flat. Now that is what made the father go to the welfare committee and got the deal cancelled, the gift deed was abolished.
The 2007 law has the allocations which protect parents and elderly persons who have signed the property and assets to a person thinking that they’ll be taken care off but are left to corrode and die. If a person gifts some part from his property as a gift deed on a condition that he’ll be taken care off but in return doesn’t happen then the maintenance panel has the full power to nullify the agreement.