Gift deeds cancelled, daughter goes to Gujarat high court

Times of India | 1 week ago | 05-08-2022 | 05:43 am

Gift deeds cancelled, daughter goes to Gujarat high court

AHMEDABAD: A woman has approached the Gujarat high court after her mother got the gift deeds for a bungalow and a plot in Vastrapur area cancelled by filing a complaint before the district collectorate under the provisions of Senior Citizens Act. The case involves Vadodara resident Vinaben Parmar, 57, and her mother Maniben, 78. In 2016, Maniben and her husband Ranjitsinh Parmar transferred the properties to Vinaben through registered gift deeds. Later, Ranjitsinh passed away. Six years after his death, Maniben approached the Maintenance Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and demanded that the gift deeds be cancelled on grounds that the daughter was not looking after her properly. In March, the tribunal ordered the cancellation of the gift deeds. This order was confirmed by the district collector on July 8. Against the order of cancellation of gift deeds, Vinaben filed a petition in the high court through advocate Ronith Joy and submitted that she and her sister looked after their mother after their father's demise. However, guided by some people who had vested interest in the properties, her mother's behaviour towards them changed and they left the bungalow for their matrimonial homes, the plea stated. The petitioner challenged the tribunal and the collector's decision of cancellation of gift deeds on grounds that this power was vested in a civil court. Moreover, the Maintenance Tribunal can do it under the provisions of section 23 of Senior Citizens Act provided the gift deed has a clause mandating the beneficiary to take care of the senior citizens. In case of failure to adhere to such a condition, the tribunal can cancel the gift deeds. However, in this case, the gift deeds did not mention such provisions and there was also a clarification that the senior citizens were well-off and did not require monetary assistance from the daughters. After hearing the case, Justice A S Supehia ordered issuance of notice to the mother on condition that the petitioner deposits Rs 25,000 with the court registry. Further hearing has been posted on August 18.

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