Get Property Back: Many children go out of the country for employment or in some cases it happens that children live here but they do not take care of their parents. In these circumstances, if the parents have transferred the property in the name of the children, then the problem arises that if their children do not take care of them, then with whom will they live. Transfer of property is considered a gift under the Indian Contract Act 1972 and if it is transferred legally, it is final, that is, it cannot be taken back even if the giver wishes to take it back. In such a situation, if those parents face problems, then on the basis of a decision of the Bombay High Court, they can take back the property from their children.
High Court had ruled in this case
When a widower father from Mumbai decided to remarry, his son insisted on getting half the property in his name so that his interests could be protected. After this the son and daughter-in-law of that person agreed to take care of the father but not the stepmother. In such a situation, the father filed a petition in the Tribunal constituted under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 to get back half the property. The son filed a petition in the Bombay High Court against the tribunal’s decision in favor of a petition filed to quash the transfer of half the property, but Justice Ranjit More and Justice Anuja Prabhu Desai upheld the decision.
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On this basis the property will be returned
Gifts given under the Indian Contract Act, 1872 cannot be withdrawn under any circumstances. However, if the property has been transferred by deceit to the giver or in any improper manner, then it can be taken back. The Central Government added a provision for cancellation of property transfer to ensure the care of parents and senior citizens under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Under Section 23 of the Act, it was laid down that the beneficiary of the property has to take care of the basic needs and facilities of the giver and if this is not done, the transfer of the property can be canceled by the tribunal. According to tax and investment expert Balwant Jain, the transfer of property can be canceled under Section 23 of the Maintenance Act if the parents prove that their care is not being taken care of properly. However, according to Jain, it should be kept in mind that in the property transferred before the Act came into force, the parents may face a lot of difficulty in getting the property back from the children.