Man Mistreats Step-Mother, Loses Share In Father’s Flat As Bombay HC Upholds Revocation Of Gift Deed In His Name [Read Judgment]

A man has lost his share in his father’s flat for mistreating his step-mother as the Bombay High Court had held that it was implied that the father as well his second wife would be looked after by the petitioner and his wife after transfer of 50 percent share in the flat.

A bench of Justice Ranjit More and Justice  Anuja Prabhudessai upheld the order of Sub Divisional Revenue Officer which revoked the gift deed made by the father (respondent  1) in favour of his son (petitioner) transferring 50 per cent of share in a flat in his name.

The son had moved Bombay High Court challenging the March 6, 2017 order passed by the SDO under sections 5 and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

By the said order, the SDO had declared transfer of 50 per cent share by the respondent No.1 (father) to the petitioner in respect of a flat at Brooklyn Hills Co-operative Housing Society as illegal.

It is to be noted that the biological mother of the petitioner passed away in 2014.

The father (respondent no.1) wanted to remarry. The petitioner and his wife asked the respondent to transfer his share in the said flat and he did so in May 2014.

It is the case of the respondent No.1 that post gift deed, the petitioner and his wife started insulting his second wife and, therefore, he was compelled to leave the flat and reside in tenanted premises. The respondent No.1, thereafter, approached the SDO under sections 5 and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Before the SDO, the petitioner said his father can stay with him but his step-mother cannot while also leveling several allegations on her. The SDO revoked the gift deed after which the son moved high court.

While dismissing the son’s plea, the high court said, “From the facts, it is clear that the subject gift deed was made by the respondent No.1 after coming into force of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The gift deed was made at the request of the petitioner and his wife. It is implied that respondent No.1 as well his second wife would be looked after by the petitioner and his wife after transfer of 50% share in the subject flat.

“Obviously, the petitioner and his wife though ready and willing to look after the respondent No.1, are not willing to do so in respect of the second wife of the respondent No.1. In the above circumstances, we do not find any error in the impugned order and, therefore, we are not inclined to entertain this petition”.