Court revokes parents' conditional flat gift after son fails to care for them

In a recent judgment, the Bombay High Court directed a son to leave a Lower Parel flat that his parents had transferred to him in 2005 on the condition that he provide for their basic needs. The court invoked Section 23 of the Senior Citizens Act, which allows cancellation of a property transfer when the recipient fails to honor a care clause, deeming the gift fraudulent. Legal analyst Shrusti Shah explained that the condition was expressly written in the deed, and because the parents were forced to leave their home, the test for cancellation was met.

Since the property is self-acquired, the son holds no birthright to it while his parents are alive; inheritance would arise only after their death or if they bequeath it through a will. The case highlights the importance of precise deed language and the greater control senior citizens have over self-acquired assets.