Can Senior Citizens Revoke Property Transfer To The Legal Heir?

Can Senior Citizens Revoke Property Transfer To The Legal Heir?

Senior citizens revoke property transfer to the legal heir!

Recently, a judgment from the Bombay high court was passed whether the senior citizens revoke property transfer to the legal heir or not? Wherein the property given by the senior citizen can be taken back on the plea of aggrieved parents to cancel a gift deed transfer. Simply put, senior citizens or parents can take back a share in the property given to their legal heir as a gift if he fails to look after them or if he fails to take responsibility for their parents.

The transfer of the property is a legal process and executed on the agreement of the donor and donee. There are many ways to transfer property or assets to the donee, but a gift deed is the most common way.

Can Senior Citizens Revoke Property Transfer To The Legal Heir?

What is a Gift Deed?

A gift deed is nothing but a document of an agreement that is used when a person or parent wants to gift his /her property to someone else to their legal heir- son/daughter. This transfer of property is quick, and it does not require a court appearance for its execution; and hence, it saves time.

Can Senior Citizens Revoke Property Transfer To The Legal Heir?

According to Section 122 of The Transfer of Property Act, 1882, “Gift”. The property or asset can be moveable or immovable, that is gifted voluntarily, from the donor to the donee. The draft of the gift deed is straightforward, but there are a few essential things that need to be mentioned to avoid any kind of trouble in the future. Ashapurna Buildcon Limited is one of the most respected and trusted real estate developer in Jodhpur. We always help our customers understand the legalities behind the contract and advise the wisest step to take to secure the best future for your family.

Can Senior Citizen or Donor Revoke the Gift Deed?

Yes, after the property has been gifted legally, it becomes a property of the donee and cannot be revoked easily. But, according to the same act, Section 126 of the Transfer of Property Act, 1882, revoking a property may be allowed, if the gift deed has money and force involved or if it was agreed upon from the beginning that the gift is given deed is revocable under defined circumstances.

The Role of Ministry Of Law and Justice

In 2007, the Ministry Of Law And Justice passed an act called The Maintenance And Welfare of Parent And Senior Citizens Act. In which the act provides a more effective provision for maintenance and parents and senior citizens. In contrast, the “maintenance” section of the act implies provision for food, clothing, residence, medical attendance, and treatment. Whereas, “welfare” refers to the provision for health care, recreation, and other amenities considered necessary for India’s senior citizens. An important point to note here is that “senior citizen” implies any person being a citizen of India for 60 years or above.

This act was mainly passed for the senior citizens or parents who are unable to maintain themselves on their own earning or out of the assets and properties owned by them. And who has signed away their own property or assets to their legal heir in exchange to be taken care of by them but do not fulfil their responsibility towards the donor.

Can Senior Citizens Revoke Property Transfer To The Legal Heir?

Simply put, If a senior citizen or a parent has signed a gift deed after 2007 to transfer his share in the property on the condition that his basic necessities and requirements, which are involved in The Maintenance And Welfare of Parent And Senior Citizens Act, would be taken care of, and if the donee refuses to honour the agreement or failed on the responsibility of providing basic amenities and daily needs to the transferor, then under section 23, any senior citizen who transfers property through a gift deed can also revoke the same, and a maintenance tribunal is also empowered to quash the agreement.

To understand legislative departments better and quickly, consider Ashapurna Buildcon Limited- Top developer in Jodhpur, to help you at every step of your decisions. So, the big picture here is that it is always advisable to do a bit of research about the agreement you are going to sign. Ashapurna Buildcon Limited is also always ready to find the top residential projects in Jodhpur for you according to your needs and desires.

Recently, a judgment from the Bombay high court was passed. Wherein the property given by the senior citizen to the legal heir can be taken back on the plea of aggrieved parents to cancel a gift deed transfer. Simply put, senior citizens or parents can take back a share in the property given to their legal heir as a gift if he fails to look after them or if he fails to take responsibility for their parents.

The transfer of the property is a legal process and executed on the agreement of the donor and donee. There are many ways to transfer property or assets to the donee, but a gift deed is the most common way.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top

Register Your Interest

  • This field is for validation purposes and should be left unchanged.