Parents, your property will be used by children, this decision of the Supreme Court will speak once. A to Z Counsel

New Delhi: The Supreme Court has noted an important observation. When property is given to children, they should write in written form to take care of their children, as the inspection is not registered by the Supreme Court. Otherwise, if the parents neglect their old parents, the gift deed of the parents cannot be cancelled.

The division bench of Justices Sanjay K Kaul and A S Oka has given this advice to the senior citizens on Tuesday. It is often hoped that the children will take care of the elders in their illness and old age. They have a lot of expectations from children, that’s why they give their self-earned property to the love of children.

In old age, children ignore their parents. In such cases, you have the right to approach the dedicated tribunal implementing the Care and Welfare of Senior Citizens Act, 2007. However, even then the property given to the children as a gift deed would have been voidable. In this background, the hearing in the Supreme Court was over.

Covenant: Mulapat Jivala Dhokha; Juhutil woman had shingles before death court

Justice Sanjay Oka has made an important observation while exercising Section 23 of the 2007 Act during the hearing. At this time he said that both the conditions should be fulfilled under the law. One of them is that the property should be transferred to the children subject to the condition provided. Also, the transferee should get basic facilities and basic needs. And, the second condition is that if the transferor has transferred the unclaimed property, then the transferor refuses to provide such facilities and material needs and stands insolvent.

If both the above conditions are not fulfilled, the transfer will be deemed to have been made by fraud or coercion or undue influence as per law. Such transfers then become voidable after the request of the transferor and the Maintenance Tribunal has the right to declare the transfer void (if the child did not take care of the guardian who gifted the property to him), as noted by the court.

Promise: Mumbai-Punekaranch Breath Kondla! This situation emerged for the first time after four years, reason revealed

A mirror in Gurugram had gifted some property to his children. After that, Mule took care of her and after accusing her of being a vassal, she went to the maintenance tribunal to get the gift deed cancelled. The tribunal found the allegations true and canceled the gift deed in 2018. The Punjab and Haryana High Court has agreed with the decision of the tribunal.

Only, Justice Kaul and Oka have given adjournment of the judgment. In the gift deed, the old woman gifted property to her three sons, two daughters and one son, and did not specify the care of them. Therefore the cancellation of the gift deed cannot be done, as the bench has clarified.

Speech: Chakriwadal, the sub-sea of ​​Bengal; Maharashtra again skyrocketing crisis, ‘Ya’ districts alert

When senior citizens give their property to their near and dear ones or children, then in return they should take care of the senior citizens, such situation does not add to it. Often such decisions are taken out of love and affection. No expectation is kept in return. Therefore, when it is alleged that the conditions specified in sub-clause (1) of section 23 are attached to the transfer, the existence of such conditions is necessary to be established before the Tribunal, as noted by the Court of Inspection.