Parents who give property to their children on the condition that the latter takes care of them in old age can get that property back if the deal is not kept, the Bombay High Court has held, making it clear that this applies even if the parents are financially independent.
A bench of Acting Chief Justice Ravindra Ghog and Justice Gautam Angkhad was hearing a petition filed by a 42-year-old resident of Lower Parel, challenging the order directing him to hand over possession of a flat in Lower Parel to his 68-year-old father.
The father, a jeweler, had bought the apartment in March 2005, where he lived with his wife, son, and his son’s family. After 18 years, he gifted it to his son by executing a gift deed on May 8, 2023, with the condition that his son would provide him and his wife of 60 years with basic amenities. However, the father claimed that their relationship soured over time and eventually deteriorated to the point where the jeweler and his wife had to leave the building in 2025, prompting him to approach the court which operates under the Maintenance and Welfare of Parents and Senior Citizens Act 2007. On April 13, the court ordered the son and his family to vacate the building within 60 days and hand it over to his parents.
The son then approached the High Court challenging the order on multiple grounds, including that the 68-year-old is financially independent, has his own business and owns other immovable property. The son emphasized that “the respondents are neither destitute nor unable to support themselves.”
Read also: ‘We have turned footpaths into pav bhaji stalls’: Bombay HC says Mumbai floods ‘of our making’, BMC cannot be blamed
However, the court rejected the argument, holding that under section 23 of the Older Persons Act 2007, a court can declare a gift of property void where the transfer is subject to the condition of providing the elderly parents with basic amenities and material needs and the beneficiary has refused or failed to fulfill the obligation.
“The application of Article 23 does not depend on the financial situation of the senior citizen,” the bench said. “Once the legal requirements of Article 23 are met, the transfer can be declared void.”
Read also: Monsoon puts abandoned cargo ship off Mumbai at risk of capsizing; HC interferes with crew safety
