Indian Parents Can Take Back Property If Mistreated
Although the decision was given out in 2018, Not many of us know about the law which states that “Indian Parents can take back the property which they have gifted to their Children.”
Parents work hard throughout their lives to give a better life to their children. Then they give their property as a gift to their children. But every year in India there are many cases where old parents are mistreated after they gift their property to their children. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has rules that protect parents & the elderly. The Bombay High Court made a huge decision that will change the lives of elderly parents and empower them. This will also be applicable to Deaf parents who are being mistreated by their children. To know about it keep watching our video. In 2018 there was a case in which Natvar Sanghvi of Mumbai wanted to remarry after the death of his wife and he gave a 50 per cent share of his flat to his son Pritish Sanghvi and his daughter-in-law. But after Natvar Sanghvi remarried, he claimed that his son and daughter-in-law started mistreating his second wife after which he left the flat and started living in a rented flat.
He then approached the suburban collector to reclaim his property under the Senior citizen law. The collector directed his son, Pritish Sanghvi, to return back the share of his father’s property; the Collector 's decision was however challenged in the Bombay High Court. But ultimately, Ultimately on 18 July 2018 Bombay’s High Court Justice Ranjit More and Justice Anuja Prabhudesai, while hearing a petition said that they do not find any error in the order of the collector. The Bombay High Court ruled that elderly parents can take back their property given to their children as a gift if the child fails to look after them or harasses them. If a senior citizen signs an agreement after 2007 to transfer his/her share in the property to any person on the condition that their basic needs would be taken care of, but the person later refuses to do so, a case against them can be filed and they can take back their property. The law also says that senior citizens who cannot take care of themselves or who do not have children, if they give the property to another relative or if another relative is going to inherit the property after the death of the senior citizen then then the senior citizen can claim maintenance from that relative. The court can grant maintenance claims up to 10,000/- . This decision then became a milestone decision, in which the old parents were able to take back the property which they had earlier gifted to their son. It was taken in 2018 but there was no awareness. Now that we have created the video we hope it empowers you to fight for your rights.
