Mom-daughter ties sour, gift deed cancelled

Ahmedabad Mirror | 1 week ago | 05-08-2022 | 06:00 am

Mom-daughter ties sour, gift deed cancelled

A dispute over ownership of two plots of land between a 78-year-old mother and her 57-year-old daughter has reached the Gujarat High Court. The two plots located in Vastrapur were gifted by the couple to their daughter via a registered gift deed. Later, when the relation between the mother and daughter went sour, the former got the gift deed cancelled via the district collector. The daughter then challenged the action in the high court.The Vastrapur resident couple had gifted the plots to their daughter, a Vadodara resident, in 2016. After the demise of the father, the daughter started living with her mother but their relationship soured over some petty issues. The daughter then went back to live with her in-laws while her mother lives alone in Ahmedabad.The mother decided to take back the properties and applied to the Maintenance Tribunal of which the presiding officer is the deputy collector under section 23 of the Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.The deputy collector refused the plea on the ground that a case of cancelling the gift deed between the two parties is going on in the Civil Court. The said order was assailed before the District Collector who sent back the matter to the tribunal. Later, the application of the mother was allowed and the tribunal cancelled the gift deed which was confirmed by the Collector.The daughter then approached the Gujarat High Court by stating that the tribunal does not have power to cancel the gift deed and that the authority vests with the civil court only. Under section 23 of the Act, the gift deed can be cancelled only if it bears the condition that the daughter would maintain the parents or otherwise. Therefore, the tribunal exercised the power beyond the provisionof law.The HC issued notices to the district collector, deputy collector and the mother to respond to the notice.

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