The record
Written from the 1 report below. Nothing here is unsourced.
- The Bombay High Court ordered a son to vacate a Lower Parel flat his parents had gifted him after finding he failed to honour the gift deed's condition that he care for them.
- The court relied on Section 23 of the Senior Citizens Act, under which a property transfer to a person who fails to provide for a senior citizen's basic needs can be cancelled as though made by fraud or coercion.
- With the gift deed cancelled, the flat reverts to the parents, and as it was their self-acquired property bought in 2005, the son has no birthright to it while they are alive.
- The case highlights the value of clearly recording care conditions in property transfer documents.
What to watch next
- Whether the parents make a Will or further transfer deciding the flat's future distribution
- Any appeal or further litigation by the son over the cancellation or eviction
Who said what2
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Shrusti Shah
2 quotes · 1 outlet
“Under Hindu law, self-acquired property is for the owners’ to do with as they please.”
In the article
…Lower Parel flat was purchased by the parents in 2005 and was not inherited property that had passed down through the family, the son does not acquire any birthright in it while his parents are still alive. Shah says: “ Under Hindu law, self-acquired property is for the owners’ to do with as they please. ” According to Shah, the son could inherit the Lower Parel flat only after the death of his parents. Even then, if the parents have not left a Will, he would inherit the property along with his mother and sisters as a…
“If it's ancestral property, meaning something that's been passed down through the male line without being divided, then yes, a son has a right to it simply by being born into the family. Interestingly, since 2005, daughters have that same right too.”
In the article
…Hindu son have inheritance rights? The Bombay High Court case involved a self-acquired property belonging to Hindu parents. The position, however, is different when the property is ancestral Hindu property. Shah says: “ If it's ancestral property, meaning something that's been passed down through the male line without being divided, then yes, a son has a right to it simply by being born into the family. Interestingly, since 2005, daughters have that same right too. ” A self-acquired property, such as the flat in this case that the parents purchased with their own money, is treated differently. The son does not have an automatic entitlement to such a property. Shah says: “He'd only…
Coverage1
All filed from India
Named India · Bombay High Court · King Stubb and Kasiva · Shrusti Shah
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