Parents can now get back the property given to them by their children! Know the complete law

 Parents can now get back the property given to them by their children! Know the complete law

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If the children are not taking care of the parents, then they can take back the property given to them! Elderly parents have got this right under the Maintenance and Welfare Act 2007. Know the complete information about your rights under this law and important decisions of Madras High Court.

Often parents trust their children and transfer their entire property to them. But many times these children do not take care of them and some do not even hesitate to leave their parents on the road or send them to an old age home. What can be a bigger sorrow for parents than this?

Earlier parents did not have any legal option, but now it is not so. Under the Maintenance and Welfare Act 2007, elderly parents and childless senior citizens can ask for their property back. If a parent gave their property to the children with the condition that they will take care of them, but the children forgot their duties, then the parents can claim the property back under this law.

The law became a protective shield for the elderly

This law includes biological, adopted and step children. Parents have been given the legal right under this Act that if the children are negligent in taking care of them or torture them mentally and physically, then they can demand the property back.

Important decision of Madras High Court

Recently, the Madras High Court made an important comment while hearing a case. The court said that if it is written in a property transfer (Settlement Deed) that it is being given on the basis of love and affection, then the parents can cancel it unilaterally.

Justice Subramaniam said in this decision that love and affection is also an important reason (consideration) for property transfer. If the children become careless towards their parents, then they can legally take back the property.

How to claim the return of property?

➡️ To take back the property, an application has to be made in the special tribunal of the district.

➡️ If the child does not appear, the tribunal can issue a unilateral order.

➡️ If both the parties agree, then the matter can also be resolved on the basis of mutual agreement.

Now the parents have got the legal right to get back the property given by them. If any elderly person around you is facing this problem, then definitely inform them about this law!

Are your parents also in trouble due to their property? Now they can take it back! Spread this information to as many people as possible so that the elderly can get their rights.