Neglected parents can take back property from children: HC

Parents are free to take back property they have given to their children through a settlement deed if they don’t get the promised care from them, the Madras High Court (HC) has ruled. The landmark ruling will pave the way for senior citizens suffering from acute apathy from their children to take back property given through gift or settlement deeds.

However, for parents to be able to cancel the settlement deed, it must have an explicit mention that the parents gifted the property out of love and affection, the HC emphasised.

“Parents can unilaterally cancel the settlement deed if there is just a mention that it is being given to them out of love and affection…The mere mention of executing the deed out of love and affection and for the benefit of the children satisfies the requirements under The Maintenance and Welfare of Parents and Senior Citizens Act,” Justice S M Subramaniam said in his order.

Sub-Section 1 of Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, says that property transfer will become void only if the condition “that the transferee shall provide the basic amenities and basic physical needs to the transferor” is part of the gift deed, and “transferee refuses or fails to provide such amenities and physical needs”.

“Love and affection being the consideration for the execution of a gift or settlement deed, it becomes a deeming consideration, and any violation is a ground to invoke the act. Thus, there is no infirmity in respect of the order passed by the sub-registrar,” the court said while affirming an order issued by a Tiruppur sub-registrar who had canceled a settlement deed executed by one Shakira Begum in favor of her son, Mohamed Dayan.

“The entire purpose and object of the Act is to consider human conduct towards them. When human conduct is indifferent towards senior citizens and their security and dignity are not protected, then the provisions of the act are to be pressed into service,” the Justice Subramaniam added.

In an order dated December 6, 2022, the Supreme Court (SC) had also ruled that parents gifting their property to their children in expectation of maintenance in their old age should make this condition part of the gift deed. In case a condition like that is not inserted in the gift deed, parents can’t revoke the gift deed, a Bench of Justices Sanjay Kishan Kaul and Abhay S Oka had said.