The Bombay High Court overturned a tribunal order cancelling gift deeds of flats executed by a father in favour of his son. The HC held that the objective of the Senior Citizens Act is to ensure residence rights for elderly parents in gifted properties, not invalidate valid deeds. It observed that tribunals are often used to settle property disputes. In this case, the tribunal lacked jurisdiction and should have ensured the father's basic needs were met as the son was willing to care for him, before cancelling deeds. The HC directed the father to reside separately with monthly maintenance of INR 25000 from the son.
The Bombay High Court held that the objective of the Senior Citizens Act is not to invalidate valid gift deeds, but to ensure elderly parents have residence rights in properties gifted to their children.
The HC overturned an order by a senior citizens tribunal that had cancelled three gift deeds of flats in Mumbai executed by a widower in favour of one of his three sons. The tribunal had also directed the son to vacate two flats in Kandivali where he lived with his family.
The father had complained to the tribunal in 2021 alleging ill treatment by the son after executing the gift deeds, saying he was forced to live in Gujarat with another son. The son appealed the tribunal's order, arguing it lacked jurisdiction to cancel the deeds as he owned one-third of the Andheri flat.
The HC observed the senior citizens law is not meant to settle property disputes but unfortunately is often used that way. The tribunal must see if a gift deed establishes the condition of providing basic amenities to parents, even if not explicitly stated.
The HC noted the intent of section 23(1) of the Senior Citizens Act, 2007 is a social welfare legislation aimed at protecting the basic needs of elders, not revoking gift deeds. The tribunal should have ensured the father was cared for rather than cancelling the deeds, given the son was willing to let the father live with him but their relationship had soured.
The HC directed the father to reside separately in an Andheri flat. It also ordered the son to pay INR 25,000 monthly maintenance to the father.
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