10 April 2024 Gift Deed >> Personal Law   |   Property Law >> Personal Law  

A recent judgment has protected a son's ownership of properties gifted by his father. The case involved Nitin Rajendra Gupta, who received four properties as gifts from his father, Rajendra Keshardeo Gupta. The seemingly straightforward transfer of ownership turned into a legal battle when the father later claimed mistreatment by his son and sought to revoke the gifts.

Rajendra Keshardeo Gupta approached the Maintenance Tribunal, arguing that his son's actions forced him to leave his home. He petitioned for the court to reverse the ownership of the gifted properties. The Tribunal initially ruled in the father's favor, requiring Nitin to vacate three of the properties.

However, Nitin appealed the decision, contesting the grounds for revoking the gifts. His argument centered on the absence of any explicit clause in the gift deeds that mandated providing basic amenities to his father. The court found merit in this argument, siding with Nitin.

Furthermore, the court provided crucial clarification regarding the Senior Citizens Act. This act allows for the revocation of gifts under specific circumstances; however, the court asserted that it cannot be invoked to settle property disputes between inheritors.

In the final decree, the court acknowledged the legitimacy of the gifts and allowed Nitin to retain ownership of one property. Additionally, the court directed Nitin to fulfill his filial responsibility by providing his father with financial support, setting a monthly maintenance fee of ?25,000. This verdict upholds the son's property rights while ensuring the father receives financial assistance.

Maintenance and Welfare of Parents and Senior Citizens Act, 2007