The Supreme Court has ruled that parents gifting their property to children in lieu of being cared for in old age must put this condition in writing in the gift deed. Otherwise, the property gift can’t be revoked even if the children neglect their parents. A bench of justices Sanjay K Kaul and AS Oka gave this practical advice on Tuesday last to senior citizens, who generally gift self-earned properties to their children in the understanding, hope and expectation that they would be well looked after in their sunset years when ailments routinely affect them.
A woman belonging to Gurgaon gifted her property to her sons. As sons neglected her well being, she moved tribunal urging it to cancel the gift deed. Upon hearing her plea, the tribunal gave decision in her favour and annulled the gift deed. The Punjab and Haryana High Court Tribunal upheld the decision. However, the Supreme Court differed with the decision. The SC said that the gift deed cannot be cancelled as the gift deed did not mention about the revoking it on the grounds of sons not taking proper care of their mother.