Senior Citizen – Gift to son – Whether father can revoke gift after death of son – Is daughter-in-law liable to maintain in-laws – Powers of the Maintenance Tribunal.
The respondent nos.3 and 4- senior citizens had partnership firm of Print Home established in 1986. In 1996, elder son Sameer was inducted as partner in the said firm and the shares were re-distributed.
Sameer and the petitioner Priya were married in 2002. They had formed two more companies and Sameer purchased various properties from the income of the partnership firm of his parents.
The parents had executed Gift Deeds dated 18.11.2013 and 4.2.2014 in favour of Sameer in respect of flat and shop.
On 13.7.2015, Sameed died. Priya denied the shares in the properties purchased out of income of partnership firm and started harassing her in-laws.
The parents – senior citizens filed complaint before the Maintenance Tribunal on 27.12.2016.
By the order dated 9.3.2018, the Tribunal had cancelled the gift-deed, return of immovable / moveable properties and also directed the Petitioner to pay maintenance.
The petitioner has filed the above petition challenging the said order. During the pendency of petition, father-in-law Vasant died in March, 2023.
Section 2(a) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 does not include “daughter-in-law”. However, under sub-section (4) of Section 4, a relative of the senior citizen having sufficient means is under obligation to maintain the senior citizen if such relative is in possession of property of senior citizen or he would inherit the property of senior citizen. Section 2(g) defines “relative” to mean any legal heir of the childless senior citizen who is not a minor and is in possession of or would inherit his property after his death. Thus, a daughter-in-law is obliged to maintain her in laws – senior citizens. However, the conditions of sub-section (4) that daughter in law is in possession of property of senior citizen or would inherit have to be proved.
