--- title: "Shrusti Shah Shares Insights on Property Rights of Children in Self-Acquired Property and Protection of Senior Citizens" date: 2026-08-31 author: "King Stubb & Kasiva" url: https://ksandk.com/news/shrusti-shah-self-acquired-property-rights-senior-citizens/ --- # Shrusti Shah Shares Insights on Property Rights of Children in Self-Acquired Property and Protection of Senior Citizens Posted On - 31 August, 2026 • By - King Stubb & Kasiva ![Shrusti Shah of King Stubb & Kasiva on property rights of children and protection of senior citizens](https://ksandk.com/wp-content/uploads/shrusti-shah-self-acquired-property-senior-citizens-et-wealth.png) Shrusti Shah has shared her insights with ET Wealth on the legal rights of children in self-acquired property and the protections available to parents where a property transfer is made subject to an obligation to maintain and care for them. ![Shrusti Shah of King Stubb & Kasiva on property rights of children and protection of senior citizens](https://ksandk.com/wp-content/uploads/shrusti-shah-self-acquired-property-senior-citizens-et-wealth.png) The discussion examines a recent case concerning parents who had transferred their flat to their son through a gift deed containing a condition that he would take care of them. The parents subsequently sought relief after their relationship with their son deteriorated. Explaining the significance of the condition contained in the gift deed, she observed: “Here, both parts of that test were met there was a clear condition in the deed, and the relationship broke down so badly that the parents actually had to leave their own home.” ## Section 23 and Conditional Transfers Shrusti explained that Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can provide an important safeguard where a senior citizen transfers property subject to the condition that the transferee will provide basic amenities and physical needs to the transferor. Where the statutory requirements are met and the transferee fails to fulfil the obligation, the transfer may be declared void by the appropriate authority, subject to the applicable legal requirements. According to Shrusti, once a gift deed is set aside under Section 23, the legal consequences can result in the property reverting to the senior citizen transferor. The provision therefore serves as an important protection for parents who transfer property to their children while relying on an undertaking of care and maintenance. ## Self-Acquired Property Does Not Create an Automatic Birthright Shrusti also highlighted the distinction between self-acquired property and ancestral or coparcenary property under Hindu law. In the case discussed, the flat had been purchased by the parents themselves in 2005. She explained that a child does not acquire a birthright in the self-acquired property of a parent merely by virtue of being a son or daughter while the parent is alive. “Under Hindu law, self-acquired property is for the owners’ to do with as they please,” Shrusti said. This means that, during their lifetime, the owners of self-acquired property generally retain the right to deal with it by way of sale, gift or other legally permissible transfer, subject to applicable law and the terms of any existing instrument. ## When Can a Child Claim Inheritance? She further explained that the son’s potential inheritance rights arise only upon the death of the parents and are subject to the manner in which the parents have dealt with their property. If the parents die intestate, the son may inherit as a Class I heir along with other eligible legal heirs, depending on the applicable succession law and the family circumstances. Alternatively, the parents may choose to leave the property to him through a valid Will. Importantly, however, the child does not have an automatic present ownership interest in the parents’ self-acquired property during their lifetime merely because he may potentially inherit it in the future. ## Parents Can Choose How to Deal with Their Property Shrusti also noted that parents who own self-acquired property generally have considerable freedom to decide how they wish to deal with it during their lifetime. “Parents can also just go ahead and transfer or gift the property to someone else during their lifetime, as long as it’s done freely and without conditions attached, because once a transfer is unconditional, it generally can’t be undone,” she said. At the same time, where parents wish to transfer property to a child while ensuring that the child remains responsible for their care and maintenance, she highlighted the importance of clearly documenting such conditions. A carefully drafted transfer document can therefore play a critical role in protecting the interests of senior citizens and establishing the obligations attached to the transfer. ## Importance of Legal Documentation Shrusti’s comments highlight the importance of understanding the nature of property being transferred, the legal rights of the parties and the consequences of the conditions incorporated into a gift deed. For senior citizens considering transferring their property to their children, appropriate legal advice and careful drafting can help ensure that their expectations regarding maintenance, care and use of the property are clearly recorded and legally enforceable. Shrusti’s insights were featured in a recent ET Wealth article titled “Court evicts son from flat for neglecting parents: Can he still claim inheritance rights?”, which examines the interaction between property rights, succession and the statutory protections available to senior citizens. Read the full article in [ET Wealth](https://economictimes.indiatimes.com/wealth/legal/will/court-evicts-son-from-flat-for-neglecting-parents-can-he-still-claim-inheritance-rights/articleshow/133562782.cms). *Last Updated on 31 August, 2026* Get King Stubb & Kasiva’s legal updates in your Google feed[![Add King Stubb & Kasiva as a preferred source on Google](https://ksandk.com/wp-content/uploads/google_preferred_source_badge_light_en@2x.png)](https://www.google.com/preferences/source?q=https://ksandk.com/) --- ## Office Locations - [New Delhi](https://ksandk.com/locations/top-corporate-law-firm-in-delhi/) (HQ): +91-11-41318190 | info@ksandk.com - [Mumbai](https://ksandk.com/locations/top-corporate-law-firm-in-mumbai/): 3 offices (Nariman Point, Lower Parel, Andheri) | mumbai@ksandk.com - [Bangalore](https://ksandk.com/locations/top-corporate-law-firm-in-bangalore/): bangalore@ksandk.com - [Chennai](https://ksandk.com/locations/chennai/): chennai@ksandk.com - [Hyderabad](https://ksandk.com/locations/hyderabad/): hyderabad@ksandk.com - [Pune](https://ksandk.com/locations/pune/): pune@ksandk.com - [Kochi](https://ksandk.com/locations/kochi/): kochi@ksandk.com ## Contact - [Contact Page](https://ksandk.com/contact-us/) - General: info@ksandk.com | +91-11-41318190 - WhatsApp: +91-7428567444 - [Privacy Statement](https://ksandk.com/privacy-statement/) - [Terms of Use](https://ksandk.com/terms-of-use/)