Parents can reclaim gifted property if children fail to care for them: Bombay HC

Mumbai: Parents who transfer their property to their children on the condition that they will be cared for in their old age can reclaim the property if the promise is not fulfilled, the Bombay High Court has ruled.

The court clarified that such protection applies even if the parents are financially independent and do not depend on their children for support.

Son challenges order to return Lower Parel flat to father

A division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad was hearing a petition filed by a 42-year-old Lower Parel resident who challenged an order directing him to hand over possession of a flat to his 68-year-old father.

The father, a jeweller, had purchased the flat in March 2005 and lived there with his wife, son and the son’s family. In May 2023, he transferred ownership of the property to his son through a Gift Deed, with the condition that the son would provide basic amenities and care for him and his wife, who is 60 years old.

However, the father claimed that their relationship deteriorated over time, forcing him and his wife to leave the house in 2025. He then approached the tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The tribunal directed the son and his family to vacate the flat within 60 days and hand it back to the parents.

The son challenged the tribunal’s order before the High Court, arguing that his father was financially independent, ran his own business and owned other properties.

He argued that his parents were financially capable of supporting themselves and did not require maintenance from him.

High Court says financial status not a barrier

The High Court rejected the argument, stating that the financial status of senior citizens does not determine whether they can seek protection under Section 23 of the Senior Citizens Act, 2007.

The bench observed that the law allows a property transfer to be declared void if it was made on the condition that the child would provide basic needs and the child fails or refuses to fulfil that responsibility.

“The applicability of Section 23 does not depend upon the financial status of the senior citizen. Once the statutory conditions of Section 23 are satisfied, the transfer can be declared as void,” the court said, according to Hindustan Times.

Ruling protects rights of senior citizens

The ruling reinforces the rights of senior citizens who transfer their assets to children with the expectation of care and support in their later years.