Parents can reclaim property: It is often seen that when parents distribute all their property among children, then the children are not able to take care of them. There are even some children who leave their parents on the road or in an old age home.
Now they cannot do anything, because all the property has been distributed among the children. However, now it is not so, because if the parents want, they can take back the property from their children which they themselves had given.
According to the Maintenance and Welfare Act 2007, elderly parents and childless senior citizens can get their property back from their children or heirs. This includes biological, adopted and step children. If an elderly parent had given their property to the child on the condition that they will take care of them, but the child is not fulfilling his responsibility, then the parents can claim the property back. This provision acts as a protective shield for those parents who are victims of child neglect.
Parents can cancel it unilaterally!
Hearing a similar case, a bench of the Madras High Court ruled that if a property transfer (settlement deed) mentions that the property is being given only due to love and affection, then the parents can cancel it unilaterally. They said that love and affection is a kind of consideration for property transfer and if it is violated, then the parents can resort to law to protect their rights.
Senior Citizens Care and Welfare Act
During this important decision, Justice Subramaniam had emphasized the need to prioritize the welfare and safety of senior citizens. He clarified that if children fail to take care of their parents and adopt a negligent attitude towards them, then under the ‘Senior Citizens Care and Welfare Act’, the parents will have the right to get their property back.
Where should I appeal?
To acquire the property, one has to present his claim before the special tribunal of that district. If no one appears from the other side, then the District Special Tribunal has the right to issue a unilateral order. Apart from this, the matter can be sent for settlement on the basis of mutual consent.
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