• Parents can ask back gifted property (factory business) from son

Dear sir

if a father (83 year) given his business (factory promises) to his son 12 year ago
with understanding of son will take care in his old age. 

now son dont care of fathers monetary needs and stay separately.

father live in own tenant house need 24 hour helper and medical and other living
need and stay with daughter

now father can ask return of his gifted property in full or part for his life needs

awaiting your reply

rupam
Asked 13 days ago in Property Law from Mumbai, Maharashtra
Religion: Hindu

1) Whether conditional gift deed was executed by father in name of son ? 

 

If so  father  can file  complaint against son before  senior citizen tribunal seek orders to set aside gift deed  as sin has failed to take care of father in his old age 

 

3) also seek monthly maintenance from his son of Rs 10000 per month 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

If the condition of gift is not fulfilled by the donee the gift can be cancelled at the instance of the donor by order of a court. 

Kallol Majumdar
Advocate, Kolkata
1410 Answers
2 Consultations

5.0 on 5.0

Yes, father can ask help from the son in his home and mentioned the gift property share for all day today medical expenses under senior citizenship act.

Ganesh Kadam
Advocate, Pune
7519 Answers
65 Consultations

4.9 on 5.0

1. The father can file a case u/s 125 crpc seeking monthly maintenance from son.

2. In addition to it the father can file case before the Senior Citizens Tribunal wherein he cans eek get the transfer deed of the factory cancelled due to lack of his maintenance .

3. So without delay the father must file the case before the Senior Citizens tribunal which does not require any advocate as well.

Devajyoti Barman
Advocate, Kolkata
17824 Answers
253 Consultations

5.0 on 5.0

Yes the gift can always be revoked, provided the donor has not disposed it off. 

 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1107 Answers
2 Consultations

4.4 on 5.0

See if son is harrasing and not taking care of parents physically and financially father can apply.for cancellation of such gift transfer under Senior citizen maintenance and welfare tribunal.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

An act has  been passed by the central government which states that parents can take back their property if children do not take care of them. File an application before the collector.

Regards 

Rahul Mishra
Advocate, Lucknow
4346 Answers
11 Consultations

5.0 on 5.0

Dear Madam,

Now the problems of Senior citizens can be resolved immediately under the latest Act i.e. Senior Citizens Act.  You please contact any of the local advocate and ask him to file necessary application before Sub Divisional Magistrate(SDO) seeking an injunction order against the son.  

http://socialjustice.nic.in/UserView/PrintUserView?mid=52569

The following judgment may be refer;

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

Elderly Parents Can Take Back Gifted Property From Son If Harassed: Bombay HC

If you refuse to take care of your elderly parents or misbehave with them, chances are that you will be losing your share of property gifted by your parents. In a new rule by Bombay high court, senior citizens can take back a share in their property given to a son as a gift if he ill-treats them.

Citing the special law for the maintenance of senior citizens, a division bench of Justices Ranjit More and Anuja Prabhudesai upheld a tribunal’s order that had canceled a gift deed given by an elderly Andheri resident by which he had granted 50% share in his flat to his son, as mentioned in a TOI report.

The judges said, “The gift deed was made at the request of the son and his wife. It is implied that the elderly father and as well his second wife would be looked after by them after transfer of 50% share in the flat.

While dismissing the petition filed by the son, the court said, “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 (canceling the gift deed), therefore, we are not inclined to entertain this petition.

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 makes it a legal obligation for children and heirs to provide maintenance to senior citizens and parents, by monthly allowance. This Act also provides a simple, speedy and inexpensive mechanism for the protection of life and property of the older persons.

This act also has provisions that protect parents and elderly persons who have gifted their share of property or assets to their children so that they would be taken care of but are then left helpless.

If the share in the property by a senior citizen is transferred through a gift or deed to his/her children on the condition that their basic needs will be fulfilled, and the person refuses to maintain the agreement, then a maintenance tribunal is to be empowered to cancel the agreement.

In the present case, the senior citizen’s first wife died in 2014. Last year, when he wanted to remarry, his son and daughter-in-law requested that a share of the Andheri flat should be transferred to them. To buy peace in the family, he transferred 50% share in the flat to his son in May 2014. Subsequently, the son and daughter-in-law started insulting the elderly man’s second wife, as mentioned in the report.

Netravathi Kalaskar
Advocate, Bengaluru
3209 Answers
15 Consultations

5.0 on 5.0

- As per law , any transfer by way of Gift Deed of otherwise made by a senior citizen can be revoked for not providing the basic amenities , even if there is no specific clause in the transfer deed to provide for the senior citizen's welfare.

-  Father should file a Petition before Senior Citizens Tribunal to seek the cancellation of the said Gift Deed on the ground that he has been neglected by the donee i,e his son.

- Sure, he will get back the said property (factory business) on this ground.

- Further the senior citizen should file a Criminal petition for his maintenance under section 125 CRPC.

- As per law , a son is bound to take care of his father and to pay maintenance to him.

- In the begining of the case , Court will allow interim maintenance to him.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
522 Answers
18 Consultations

5.0 on 5.0

1.  The high court had passed an order that subsequent to Gift of Fathers property, IF the son does not maintain /look after Father, THEN Father has every right to revoke the Gift and take back the property, by following due procedure of law in a Civil Court.

Hemant Agarwal
Advocate, Mumbai
2430 Answers
14 Consultations

5.0 on 5.0

Senior Citizen Father can file a petition before Senior Citizens Tribunal to seek the cancellation of the gift deed on the ground that he has been neglected by the donee i,e his son. 

Mohammed Mujeeb
Advocate, Hyderabad
10264 Answers
3 Consultations

4.5 on 5.0

Dear Client,

As per law, instead of demanding back the gifted property, the old aged should make a Complaint under section 125 of CRPC for demanding maintenance from the son.

Jaswant Singh
Advocate, Gurugram
576 Answers
2 Consultations

4.8 on 5.0

yes father can take back the gifted property

the Bombay High Court recently passed an order in a matter allowing the parent to take back the gifted property and directing the child to make over the same to that parent

there are provisions to that effect in the Senior Citizens Act as well

Yusuf Rampurawala
Advocate, Mumbai
4459 Answers
25 Consultations

5.0 on 5.0

Yes father can file suit for set aside the transfer of property and business to his son under The maintenance and welfare of parents and senior citizen act.

or he can file suit for maintenance from his son under the Act. 

Mohit Kapoor
Advocate, Rohtak
3599 Answers
1 Consultation

5.0 on 5.0

Yes he can ask the same under senior citizens Act and get him evicted and to pay maintenance to them. Also can file 125 CRPc

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

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