Parents win back gifted flat from son; Know how
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Before you continue reading How financially free are you? Most people overestimate their financial freedom. Discover your Financial Freedom score through a quick survey Calculate My Score Why did the son lose the case? Bombay High Court order discussion Gift deed expressly stated that Soni would take care of parents The foundation of the gift deed was based on Soni's promise to maintain his parents Other contentions of Soni also rejected by high court In a recent judgement, Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad of the Bombay High Court ordered a son to vacate properties gifted to him by his parents. This decision came after he failed to uphold his promise to care for his elderly parents when they gifted him their flat.The case involved a 68-year-old senior citizen Ramesh Bachaulal Soni, who has four children (one son, and three daughters), all of whom are married. Following his marriage, his son continued to live with his parents in their Lower Parel flat, which Ramesh Bachaulal Soni had purchased on March 25, 2005.On December 11, 2020, Mr Ramesh Bachaulal Soni and his wife jointly purchased another residential flat in Byculla with each spouse holding a 25% share in the flat.A few years later, a family dispute arose. To resolve the dispute, Mr Ramesh Bachaulal Soni executed two gift deeds on May 8, 2023, transferring 100% ownership of the Lower Parel flat and 50% of the Byculla flat to his son with the promise that he would take care of them in old age. The stamp duty and registration charges for the transactions were covered by Mr Ramesh Bachaulal Soni and his wife.The son (now onwards to be referred to as Soni) signed the gift deed and promised to take care of his parents and continued to live in the Lower Parel flat. The Byculla flat at that time was still being built.However, the family arrangement did not last long as soon relations between the parties deteriorated, compelling Mr Ramesh Bachaulal Soni and his wife to vacate their home, the Lower Parel flat.
However, since the Byculla flat was still being built and had already been gifted to Soni, the builder didn't allow the parents to move in. Thus Ramesh Bachaulal Soni and his wife were left without home and this created problems for them. So they filed a court case with the senior citizen tribunal.Mr Ramesh Bachaulal Soni and his wife filed the case under Sections 5 and 23, seeking cancellation of gift deeds for both the flats and consequential reliefs, including restoration of possession of the properties and return of their personal documents, bank passbooks, ATM cards, GST records and other belongings.On April 13, 2026, the senior citizen tribunal partly allowed Mr Ramesh Bachaulal Soni's case and ordered cancellation of the gift deed with respect to the Lower Parel flat and further directed Soni (the son) to hand over vacant and peaceful possession of the flat to his parents within 60 days of the order. The Byculla flat was not mentioned here.Feeling aggrieved, Soni filed an appeal in the Bombay High Court. Advocate Bhushan Deshmukh, Soni's lawyer said that the Lower Parel flat was in fact purchased by Soni and not his father. So when Soni's father executed the gift deed, he merely restored the title to its true owner, i.e., Soni.Advocate Deshmukh also said that Soni's father is financially independent, carries on a jewellery business and owns other immovable properties. Lastly, Deskhmukh told the court that this case may have been initiated by Soni's sisters, possibly with ulterior motives to deprive Soni of his gifted properties.On July 7, 2026 the Bombay High Court ruled in Mr Ramesh Bachaulal Soni's favour and ordered his son (Soni) to vacate. (WRIT PETITION STAMP NO. 13629 OF 2026).Keep reading to know why.Shrusti Shah, Associate Partner at King Stubb and Kasiva said tothat the son lost mainly because of the wording of the Gift Deed itself.Shah says that when his father and mother had gifted him the lower Parel apartment, he (son) clearly said that he would take care of them and this specific aspect was written into the gift deed also.
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