Maintenance and Welfare of Parents and Senior Citizens Act 2007 provides legal protection to senior citizens. This law allows them to reclaim their gifted property or assets if their children fail to fulfill their Responsibilities towards them
We Often hear or read in news-papers that children have neglected their parents. Numerous senior citizens are placed in retirement homes as their children refuse to bear the burden of caring for them. Shockingly, there have been instances where the offspring have seized their parents’ assets and subsequently forced them out of their own dwelling, causing immense distress.
Can a senior citizen take back a property/ asset that they have given away via gift deed?
In 2007, the government enacted “The Maintenance and Welfare of Parents and Senior Citizens Act, 2007” for giving legal security to senior citizens. The Act came into effect on December 29, 2007.
If you are a senior citizen who has gifted property and assets to children and now have been thrown out by them, then here’s how you can get back your property/asset.
Eligibility criteria for getting property back
The Maintenance and Welfare of Parents and Senior Citizens act defines “senior citizen” as any person being a citizen of India and 60 years or above. Senior citizen is eligible to get back their property given via gift deed from their children/legal heirs if they fail to provide basic necessities as mandated under the law. As per the law, the “maintenance” section of the Act implies that children/legal heirs must provide for food, clothing, residence, medical attention, and treatment of the senior citizen parent.
The “welfare” refers to the provision for health care, recreation, and other amenities considered necessary for senior citizens. This Act was mainly passed for the senior citizens or parents who are unable to take care of themselves of their own earnings (such as pension etc.) or the assets and properties owned by them.
The Act also provides protection to senior citizens/parents’ who have signed away their property or assets to their legal heir/children thinking that they will take care of them in their old age but unfortunately the legal heirs do not fulfil their responsibility towards them.
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