Parents Can Take Back Gifted Property If Children Fail To Care for Them, Says Bombay High Court

Published 9 July 2026 · general

Parents Can Take Back Gifted Property If Children Fail To Care for Them, Says Bombay High Court Published By, Last Updated: July 09, 2026, 11:08

Parents Can Take Back Gifted Property If Children Fail To Care for Them, Says Bombay High Court Published By, Last Updated: July 09, 2026, 11:08 IST Bombay High Court: Parents can reclaim property transferred to children if care conditions aren't met, regardless of parents' financial status. Rapid Read The court clarified that this provision applies even if the parents are financially stable. (AI Generated) The Bombay High Court has ruled that parents who transfer their property to children on the condition that they will be cared for in their old age can take back the property if the obligation is not fulfilled. The court clarified that this provision applies even if the parents are financially stable. A division bench of acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad was hearing a plea filed by a 42-year-old Lower Parel resident, who challenged an order directing him to hand over possession of a Lower Parel 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. After 18 years, he transferred ownership of the property to his son through a Gift Deed executed on May 8, 2023. The transfer was made on the condition that the son would provide basic amenities to him and his 60-year-old wife. However, the father claimed that their relationship later deteriorated, forcing him and his wife to leave the house in 2025. He then approached the tribunal established under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. On April 13, the tribunal ordered the son and his family to vacate the flat within 60 days and hand over possession to the parents.

The son challenged the order before the high court, arguing that his father was financially independent, ran his own business and owned other immovable properties. “The respondents are neither destitute nor incapable of maintaining themselves," he contended. The high court rejected the argument, stating that Section 23 of the Senior Citizens Act, 2007 allows the tribunal to declare a property transfer void if it was made on the condition that the beneficiary would provide basic amenities and physical needs to elderly parents, but failed to do so. “The applicability of Section 23 does not depend upon the financial status of the senior citizen," the bench said. “Once the statutory conditions of Section 23 are satisfied, the transfer can be declared as void." News18 Newsletter Handpicked stories, in your inbox A newsletter with the best of our journalism submit First Published: July 09, 2026, 11:08 IST News india Parents Can Take Back Gifted Property If Children Fail To Care for Them, Says Bombay High Court Disclaimer: Comments reflect users’ views, not News18’s.