Recently, there has been a rise in cases of elderly abuse across India. Many are reported while many others go unnoticed. Most of the times, elderly people face abuse from their children, a family member or relative. The government and lawmakers are gearing up to take strict action against such perpetrators.
The Bombay High Court passed a new rule stating that elderly parents can take back a part of their property that has been gifted to their sons, in case they fail to look after them or abuses them.
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Elderly parents can take back a share in their property given to a son as a gift if he fails to look after them or harasses them, the Bombay high court has ruled. Citing the special law for maintenance of senior citizens, Justices Ranjit More and Anuja Prabhudesai upheld a tribunal’s order that had cancelled a gift deed given by an elderly Andheri resident by which he had granted 50% share in his flat to his son.
“The gift deed was made at the request of the son and his wife. It is implied that the elderly father and his second wife would be looked after by them after transfer of 50% share in the flat,” said the judges. “Obviously, the son and his wife though ready and willing to look after the father were unwilling to do so in respect of the second wife. In the above circumstances, we do not find any error in the order (cancelling the gift deed), therefore, we are not inclined to entertain this petition,” said the HC and dismissed the son’s petition.
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