Parents throw son out of property for not taking care of them: Bombay High Court agrees

The Bombay High Court has ordered a son to vacate two properties. These flats had been gifted to him by his parents. The case centres on his failure to take care of his parents.

Ramesh Bachaulal Soni, 68, gifted two flats in 2023. These included a Lower Parel flat and part of a Byculla flat. Both gifts came with an explicit condition attached.

His son promised to take care of his parents in old age. This promise was clearly set forth in both gift deeds. However, relations between them deteriorated soon.

The parents were eventually forced to leave their own home. The Byculla flat remained unavailable as construction was incomplete. This left both parents without adequate housing altogether.

They approached the senior citizen tribunal for resolution. It ordered the cancellation of the gift deed for the Lower Parel flat. The son was directed to vacate within 60 days, The Economic Times reported.

He then appealed this decision before the Bombay High Court. His lawyer argued that he had originally purchased the flat himself. He claimed his father merely restored the true ownership.

The court rejected this argument entirely as unconvincing. Advocate Shrusti Shah explained the case’s core legal reasoning. The gift deed’s specific wording proved decisive.

Both gift deeds explicitly recorded the son’s promise to care for his parents. This satisfied the first requirement under Section 23. This law protects senior citizens who transfer property conditionally.

The court found the second condition was equally met. The relationship broke down so severely that the parents had to leave. This breach of promise justified the cancellation of the property transfer, ET reported.

Soni also argued that his father was financially independent. He said his father successfully ran a jewellery business. The court dismissed this argument as legally irrelevant.

The court clarified that financial status doesn’t affect Section 23’s applicability. Once statutory conditions are met, transfers can be voided regardless.

His claim that he originally funded the flat also failed. This was merely an oral assertion, unsupported by documentation. It directly contradicted the registered gift deed’s written terms.

The court also dismissed his allegations against his sisters, according to the publication. He suggested that they had influenced his father’s legal action. Judges said it didn’t affect the tribunal’s original findings.

Finally, Soni offered a late compromise to accommodate his parents. He proposed letting them live in the Lower Parel flat. However, the court ruled that the offer had arrived too late.

Such belated offers cannot undo transfers already deemed fraudulent, judges said. The petition was ultimately dismissed by the Bombay High Court. Soni must now comply with the tribunal’s original directions.

What is conditional gift deed?

A conditional gift deed transfers property while imposing specific obligations on the recipient. The recipient must accept the gift and comply with those stated conditions. Failure to meet them may allow the donor to revoke the transfer.

Conditions must be clearly recorded within the deed. They must also be lawful, reasonable and possible to fulfil. Conditions contrary to public policy cannot generally be enforced.

Section 126 of India’s Transfer of Property Act provides for revocation in specified circumstances. A donor may retain revocation rights when agreed conditions are breached. However, revocation cannot depend solely upon the donor’s will.

Conditional gift deeds involving immovable property must also satisfy registration and stamping requirements.

Common conditions restrict how property may be used. Others impose deadlines or require recipients to support donors or family members.