Son Fails to Provide Basic Amenities To His Mother, Bombay High Court Takes Away Property Rights Given Through Gift Deed

The Bombay High Court used Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to cancel a gift deed that required a son to provide basic amenities and physical needs for his widowed mother. This was done due to his failure to fulfil these obligations.

According to Section 23 of the Act, if a senior citizen transfers their property through gift or any other means with the condition that the receiver will take care of their basic needs and physical requirements, and if the receiver fails to do so, the transfer can be revoked.

In order to use this section, it”s important to show that the elderly person”s basic needs haven”t been met. The court has said that the person doesn”t need to give a specific statement or agreement in writing – any type of proof, whether it”s something someone said or something that happened, can support their claim. The mother in this case argued that “maintenance” isn”t just about giving money, but also includes things like food, clothing, a place to live, and medical care.

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Considering that the mother was enjoying her residential home for 30 years and was soon forced to leave after her husband”s death signifies that her son failed to maintain her. Based on the material placed on record, the Court observed that the property was gifted on a condition to maintain, and such condition was not fulfilled by him, therefore, the revocation of the deed is valid.

“The Gifts were executed out of natural love and affection towards son, which was the only possible consideration for execution thereof. Inbuilt in such love and affection is the duty of the son to provide basic amenities and physical needs to the widowed mother. The events that have occurred post execution of gift deeds so indicate that such love and affection between the Mother and son no longer exists. Along with love and affection, the son has perhaps failed to perform the duty of providing the basic amenities and physical needs to his mother. It was never son’s property. He had no right to seek gift thereof”, the court observed.

The son has challenged the order of the Maintenance Tribunal”s Designated Officer under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The court thus dismissed a petition filed by Ashwin Khater and his wife challenging the tribunal’s order in favour of his mother.