Can Parents Take Back Their Gifted Property?

The

Indian High Court ruled that parents can take back their property.

It depends on the nature of the gift, the legal provisions applicable, and the terms and conditions under which the gift was made. Here are some key points to consider:

• Under Hindu law, if the gift is made without any conditions or reservations, the parents cannot take it back. However, if the gift is made with conditions, the parents have the right to reclaim the property if the conditions are not met.

• If a gift deed is executed in accordance with the Transfer of Property Act, it cannot be revoked unilaterally by the donor. This should clarify:

  can a gifted property be taken back in India.

• If the parents prove that the gift is made under undue influence, coercion, fraud, or misrepresentation, they can have a legal basis to challenge the validity of the gift in court.

• Parents may have a right to claim maintenance from their children.

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We frequently read or hear in the news that kids have abandoned their elderly parents. Because their children do not wish to take on the responsibility of caring for them, some parents are assigned to live in old age homes. In some very tragic instances, children have seized their parents' stuff as a gift and subsequently evacuated them from their homes. Such instances make me really angry which is why I started researching if

parents can take back gifted property or not. I will tell you what I found out.

Can parents take back their gifted property?

Yes, elderly parents can take back property gifted to son or daughter.

The parent/parents would be needed to have the gift deed cancelled after eligibility has been verified. Section 23 of the Act will be used to revoke the gift deed. The future aspect of section 23 must be emphasised. Only transactions made by elderly persons after the Act's inception are covered by it. However, the Delhi High Court has just received a case contesting the retrospective nature of section 23.

According to the Act, the maintenance tribunal may be used to revoke a gift deed. There is a maintenance tribunal in every state where a senior can apply to annul the gift deed and reclaim their property.

The Additional District Magistrate (ADM) in Delhi serves as the head tribunal official or the presider. The maintenance tribunal is located at the ADM office. According to The Maintenance and Welfare of Parents and Senior Citizens Act of 2007, each state has its own regulations. The aforementioned rules outline the process for requesting redress.

For instance, an elderly citizen can request maintenance in Delhi under Rule 5 of the Delhi Government Rules, 2017 under the Act and request relief by having the gift deed revoked in the same application. The tribunal will proceed ex-parte and take the applicant's evidence if the opposing party (the children or legal heirs) does not react to a notice after it has been served (senior citizen).

The Delhi government's 2017 Rules outline the process for removing children or legal heirs from older adults' properties or residential buildings. According to the regulations, an elderly citizen may apply to the Deputy Commissioner/District Magistrate (DM) of his area for the eviction of his children or other legal heirs from his self-acquired property due to their neglect and mistreatment. Additionally, it specifies that any voluntary organisation under the Societies Registration Act 1860 and any other Indian may appeal on behalf of the senior citizen if the parent or senior citizen is unable to file an application or is not in the position to do so.

Parents can take back their gifted property, but for that, they

must file a declaration request with the court or maintenance tribunal in order to nullify the previous transaction (gift deed). In the event that the grandchild refuses to take proper care of the senior citizen or does not adhere to the responsibilities stretching to the requirements of the senior citizen to live a normal life, the senior can even apply for the recovery of property and assets from the grandchild.

These parents and senior persons can seek the restoration of vacant ownership of the property as well as a relief prohibiting the kid, grandchild, or other family members of the child's claimant from entering the senior citizen or parents' property. It should be emphasised that any offence under this Act is cognizable and subject to bail under section 25 of this Act.

I hope now you are well aware if

parents can take back gifted property or not.