Parents can take back the property by invoking the civil law: Lawyer

Lawyers said that elderly parents who gift or part with their property to their children or loved ones still have rights to the property and can cancel the deeds at any time.Sarasani Satyam Reddy, Supreme Court lawyer said that not only in cases of ill-treatment, but even otherwise, parents can take back the property they have given their children by invoking the civil law.

He said that senior citizens must take care when parting with their property to their children to incorporate the conditions of taking it back in case they are neglected by their children in their sunset years.

He said that aged parents expect that their children, whom they have raised with love and care, will care for them and tend to their needs in their old age.

He explained that the Kerala High Court in one case held that a deed can be declared as void if it does not fulfil two conditions: (a) transferee shall provide the basic amenities and basic physical needs to the transferor and (b) such transferee refuses or fails to provide such amenities and physical needs, and declares transfer as a fraud or coercion or under undue influence as the case may be at the option of the transferor, even if there is no recital of welfare clause in the transfer deed.

N. Sreedhar Reddy, who practices in the Hyderabad High Court, said that the “needs” here would mean food, clothing, residence, medical attendance and treatment. He said that a gift may also be revoked in any of the cases in which, if it were a contract, it might be rescinded. He explained that Section 23 of the Senior Citizens Act 2007 does not contemplate that the condition should form part of a recital in the deed of transfer. It only refers that there should be a condition for such transfer. This condition can be either express explicit or implied.