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Under this provision of law, senior citizens have full right to save their property?

Senior Citizen Rights: Property ownership is one of the most difficult aspects of the relationship between elderly parents and their children. There is a desire for children to get property in inheritance. So parents want to maintain control over their home ownership. There have been frequent family disputes in the country regarding these things.

In this family tug-of-war, parents often transfer ownership of the family home to their children to avoid hostility or to prevent inheritance disputes after their demise. But there is also the flip side to this. When elderly parents become dependent on the child, it is not uncommon for children to stop providing basic amenities or physical needs to their parents.

Yet, many senior citizens are unaware of their legal rights to retrieve property transferred to children and seek removal or eviction of their children or relatives from their property. Although 15 years have passed since the Maintenance and Welfare of Parents and Senior Citizens Act (Senior Citizens Act) came into force in 2007, which provides such rights, the awareness of such rights among the people is very low. is.

how to reclaim property
Under the Senior Citizens Act, a senior citizen can gift or transfer his property to a child with the condition that the child will provide them with basic amenities or physical needs. If the child fails to do so, the senior citizen has the right to approach a Maintenance Tribunal established under the Senior Citizens Act, to declare the gift or transfer to be invalid by reason of fraud, coercion or undue influence .

In order to protect their rights, senior citizens proposing to gift property to their child should include a condition that the child will take care of them while making the gift or transfer. If the child violates the condition, the senior citizen can approach the Maintenance Tribunal to declare the gift invalid and return the property to the senior citizen.

It is important to know
If you are above 60 years of age, you will be considered as a ‘senior citizen’ under the Senior Citizens Act.

Several Maintenance Tribunals have been set up under the Senior Citizens Act for the benefit of senior citizens.

If you are a senior citizen who wishes to gift or transfer property to a child or heir, you may consider stipulating in the deed that such child shall be provided with basic amenities or material necessities after gifting or transfer. will have to do. Hire a legal advisor to draft or review this deed.

If you are a senior citizen who has gifted or transferred property to a child after 2007, and such child is not providing you with basic amenities or material necessities, you may seek a maintenance tribunal to declare the gift invalid. If it is written in the gift deed that the child or heir will have to take care of you.

If you are a victim of harassment at the hands of a child or relative living with you, you can approach the Maintenance Tribunal to evict such child relative from your home.

eviction of children from property
While dealing with such situations where parents are harassed by children, the approach of the courts has been positive towards the elderly. The Senior Citizens Act does not provide for eviction or removal from property, but Indian courts, including the Supreme Court, have ordered eviction or removal of children or relatives from the property of senior citizens in case of harassment or non-maintenance. Courts have also ordered removal of children from the parent’s home when the children have resorted to harassing their parents to transfer property, on the grounds that they are future legal heirs.

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