The following article was first published in the Mint newspaper on 11th July, 2024. The same was written by our Private Client team at Cyril Amarchand Mangaldas, who frequently publish their comments and opinions in the Mint.
In 2022, I gifted my apartment to my son. This gift was made out of love. Now he and his wife have started abusing me physically and verbally. I want to cancel the gift and evict them. Is it possible?
A gift of property cannot be revoked or cancelled unilaterally but it can be revoked in specific circumstances. Accordingly, the 2022 gift deed may be revoked by you in three eventualities.
First, if you can prove before a court that the gift deed was made by you in circumstances of fraud, coercion, or undue influence. Second, if there is an event mentioned in the gift deed, upon the occurrence of which you may revoke the gift, and such event has occurred (this is under section 126 of the Transfer of Property Act, 1882).
Third, if you are a senior citizen (aged 60 years or above) and the 2022 gift deed contains a provision stating that the gift was subject to the condition that your son will provide you with basic amenities or cater to your physical needs, and he has failed to do so. In such a case, you may approach the Maintenance Tribunal established under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (also known as the Senior Citizens Act) for relief. You will have to prove before the Maintenance Tribunal that this condition in the gift deed exists and has not been complied with. If the Maintenance Tribunal is satisfied with your case, then it may order revocation of the gift deed and eviction of your son and daughter in law from the house. It is relevant to note that the condition in the gift deed must be ‘express’, i.e., clearly set out, and cannot be implied or inferred from the surrounding circumstances.
This relief is available under Section 23(1) of the Senior Citizens Act which provides that a gift or transfer of property by a senior citizen may be declared void by a Maintenance Tribunal, at the option of the senior citizen, where the gift or transfer is subject to the condition that the transferee provides basic amenities or physical needs to the senior citizen and this condition is violated.
Whether any of the above three courses of action will be available to you depends on the facts of your case, and it is recommended that you seek specific legal advice for the same.
Do note that if you are suffering from abuse, you may separately seek remedies for abuse under the penal law framework or, if you are a woman, under the Protection of Women from Domestic Violence Act, 2005. You may also make an application for maintenance against your son, to the Maintenance Tribunal, under the Senior Citizens Act.
For further information, please contact:
Shaishavi Kadakia, Partner, Cyril Amarchand Mangaldas
shaishavi.kadakia@cyrilshroff.com
