Those children whose parents leave no stone unturned in their upbringing, after growing up, start avoiding the care of their elderly parents. Many examples of this have come to light from different places.
After inheriting the property of their parents, their own parents start getting irritated in the eyes of the children. In this situation, it becomes very difficult for the parents to live their life at the last stage of their life. To deal with this situation, the Bombay High Court has made an important comment saying that if parents give their property to their children on the condition that they will take care of them in old age, then if the condition is not fulfilled, they can get that property back.
Legal fight between parents and children over possession of a flat in Parel
According to a report by HT, the court clarified that this right applies even if the parents are financially independent. A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad made this comment while hearing the petition of a 42-year-old Lower Parel resident. The petition challenged the order in which he was directed to hand over the possession of the flat in Lower Parel to his 68-year-old father.
Father, a jeweller, had given the flat to his son, now he is not taking care of it.
According to the case, the father is a jeweler. He bought this flat in March 2005, where he lived with his wife, son and his family. After 18 years, on May 8, 2023, he gifted this flat to his son through a gift deed on the condition that the son would provide basic facilities to him and his 60-year-old wife and take care of them.
Fed up, parents had to leave home in 2025
However, the father alleges that with time the relationship between him and his son deteriorated and the situation became so bad that he and his wife had to leave the house in the year 2025. After this he approached the tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
The tribunal had asked the son to vacate the flat in 60 days.
On April 13, the tribunal ordered the son and his family to vacate the flat within 60 days and hand over its possession to the parents.
The son challenged this order in the High Court and gave many arguments. He said that his 68-year-old father is financially capable, he has his own business and also has other immovable properties. The son argued, “The parents are neither poor nor incapable of supporting themselves.”
High Court also agrees with the Tribunal’s decision
But the court rejected this argument. The Court said that under Section 23 of the Senior Citizens Act, 2007, if the transfer of any property has been made on the condition that the recipient will provide basic amenities and needs of the elderly parents, and he fails or refuses to do so, then the Tribunal can declare that gift as null and void.