11 April,2022 02:07 PM IST | Mumbai | Anurag Kamble
Sabira Hanif Ansari (right) lives with her other son Sameer and his wife in a rented apartment in Jogeshwari. She is waiting to get back to her own home
Maternal love pushed Sabira Hanif Ansari, 87, to gift her property in Khar to one of her sons. In no time, he dumped his mother and two mentally unwell sisters in a dingy room. Sabira was resigned to her fate till she learnt about a law, one that came to her rescue. mid-day spoke to a few parents who took the legal route to cancel gift deeds and reclaim assets from greedy offspring.
In their sunset years, when daily chores seem like insurmountable obstacles, parents often get moved by extra-caring children and their spouses. This overflowing love and attention last until they hand over their properties. Overnight, the kind souls turn monsters. While this may not be the case in every household, but the story isn't uncommon, too.
Experts said senior citizens can get back their property gifted to children under the Maintenance and Welfare of Parents and Senior Citizens Act 2007.
Khar resident Sabira Hanif Ansari owns a shop worth Rs 2 crore on Pali Hill Road and a room at Haji Suleman Chawl. Her ordeal started after she gifted half of her shop to one of her sons in 2016. She said, "I was too happy with my elder son. I used to live in a flat at Khar Danda, but he dumped me and my two mentally challenged daughters in a dark room and locked it. It was cruel, can you believe your own son doing this to you, that too for property?"
Sabira and her daughter now live with her other son, Sameer Ansari, daughter-in-law and their kid in a rented apartment at MMRDA Colony, Jogeshwari West. She said they learnt about The Welfare and Maintenance of Parents and Senior Citizens Tribunal through a relative. "I had made two gift deeds. One was for half of the chawl room ownership to my elder son and the other was about 50 per cent rights in the shop. The Tribunal gave me a patient hearing. They asked my son to vacate the room, while the gift deed of the shop was declared null and void," said Sabira.
Sameer said, "All of us suffered a lot. Now, my brother is threatening my mother that he would move the high court. Earlier, we used to get R1 lakh rent from the shop in which I have 50 per cent ownership with my mother, but our income stopped after my brother took the shop into his possession. We are happy that my mother has got justice."
Sabira added, "I want to give my entire property to all the three daughters including the two who are physically and mentally ill. It will help them survive."
mid-day met many parents like Sabira but they did not want their identities to be disclosed. Though they got the gift deeds cancelled, all admitted signing the deed in the first place was the biggest mistake of their life.
A 49-year-old woman from Borivli handed over her entire property to her two daughters. The next day, they threw her out. The woman said she had a 50 per cent share in two flats with her husband and father-in-law. She said her father-in-law used to molest her, while her husband had an extra-marital affair.
"I was mentally and physically tortured by my father-in-law. My husband forced me to take treatment from a psychologist," she said. Her application to the Tribunal in October 2020 read, "In 2013 her father-in-law expired and in 2015 she caught her husband thrice with another woman. Due to the frustration of her husband she decided to give her 50% ownership of flats to her both daughters. In September 2018 she made a gift deed and transferred her 50% ownership to her both two daughter's names [sic]."
Thrown out of her own home, the woman started living at her brother's place.
While the law is largely for senior citizens, Section 2(GHA) protects certain rights of parents. The court then struck off the gift deeds and transferred the 50 per cent ownership in the flats to the woman.
A 66-year-old man lived happily with his 63-year-old wife in their Malad bungalow until he decided to gift his share to his 37-year-old son. He didn't know that his son had taken the signature of his mother on it as well.
He said, "I had my business going well, but on the family front, I had to face a lot of tragedies. In 2006, my elder son was shot dead in South Africa. Six years ago, my other son left the home without even telling us where he was going. We were living with our youngest son's family in the bungalow till 2020 when his wife died."
He recalled, "The very next day, when we were mourning her death, we were told to leave. I was planning to go to the police and court but someone suggested that I approach the office of The Maintenance Tribunal for Parents." He said within 6 months, the authority nullified the gift deed. "I have no words to express my gratitude. It didn't even cost a penny to get this done. It could have taken away thousands of rupees had we moved the court."
A 63-year-old woman made a similar mistake after maternal affection got the better of her. In 2017, she gave a 30 per cent share in her flat to each of her two daughters and kept the remaining 40 per cent with her. She said the daughters and her son connived to take away her gold jewellery and harassed her. She owned a place in a MHADA building at Borivli East.
In her application to the tribunal, she said, "My two daughters and son are responsible for my conditionâ¦At home, they were behaving like I am a servant and mentally tortured me."
She said after signing the gift deeds, one of her daughters started harassing her, forcing her to go to her other daughter's place in Kandivli. "My second daughter made me sign another gift deed giving her my share in the property. They transferred the room in their names. My son was also supporting my daughters."
The woman said she had to undergo surgery for pain in the leg, but her children didn't help her. "I was forced to liquidate my fixed deposit and withdraw Rs 5 lakh for the surgery," she told the tribunal. While she had moved the Tribunal in 2019, her husband died in 2020. The judge cancelled all the gift deeds and gave the property back to her.
Citizens who have completed 60 years of age or parents can seek redressal against their offspring or children, said Umesh Birari, presiding officer, Senior Citizen Tribunal and Sub Divisional Officer, Mumbai Western Suburbs. The official said, "There is no need to hire a lawyer or legal practitioner. If it is proved that the child is harassing and harassing the senior citizen or parent, then the gift certificate, transfer letter, etc. given for the benefit of the child or child can be cancelled. Also, children can be ordered to pay a fixed amount every month for subsistence expenses as required by the offspring or children towards their parents. However, under the Senior Citizens Act, attempts are being made in many cases to resolve disputes related to immovable property," he said.
Under Section 23 of the maintenance and Welfare of Parents and Senior Citizens Act 2007, the transfer of property can be revoked in certain circumstances:
(1) Where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal.
(2) Where any senior citizen has a right to receive maintenance out of an estate and such estate or part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of right.
(3) If any senior citizen is incapable of enforcing the rights under sub-sections (1) and (2), action may be taken on his behalf by any of the organisation or person authorised by him.
