Shrusti Shah Shares Insights on Bombay High Court Ruling Allowing Parents to Reclaim Gifted Property

In a recent article published by ET Wealth Online, Shrusti Shah, Associate Partner, KSK shared her legal perspective on a Bombay High Court ruling concerning parents seeking to reclaim a flat gifted to their son after he allegedly failed to fulfil his obligation to care for them.

Shah highlighted that the terms of the registered Gift Deed were central to the case, as the son had expressly undertaken to take care of his parents, and this obligation was specifically incorporated into the deed.

Explaining the legal significance of the arrangement, Shah noted that the Bombay High Court examined Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which provides protection to senior citizens who transfer property subject to a condition that the transferee will provide for their basic physical needs.

She said, “Financial independence doesn’t matter under this law, and his claim about paying for the flat was just an oral claim that went against what the registered document actually said.”

Her comments underline the importance of the terms and conditions expressly recorded in registered property documents, particularly where a transfer by senior citizens is linked to an obligation of care and maintenance.

Read the full article in ET Wealth Online: https://economictimes.indiatimes.com/wealth/legal/will/parents-wins-back-their-flat-gifted-to-son-as-tribunal-finds-son-failed-to-take-care-of-parents-bombay-hc-orders-son-to-vacate-the-property/articleshow/133094137.cms

Last Updated on 11 August, 2026