In a recent decision from the Bombay High Court, Justice N.J. Jamadar ruled against Raviprakash R. Sodhani and others, declaring a gift deed invalid. The case involved claims of neglect and pressure against an elderly father by his son and family.
The case was brought by Ram Swaroop Sodhani, an 86-year-old father, against his son, Raviprakash, and his family. The elderly man claimed he was forced to sign a business and gift agreement while in the hospital for suspected throat cancer. These documents transferred his business interests and an apartment in Mumbai to his son and grandson.
Ram Swaroop claimed that after signing the agreements, his family took a lot of money from his accounts and ignored him. He was kept in one room in his own home, with the other rooms locked when the family left.
"The elderly man felt ignored and insulted after he lost his rights to the businesses he built and the properties he acquired."
The Maintenance Tribunal first declared the gift deed invalid, saying the family did not take care of the elderly man's needs. The District Collector agreed with this decision on appeal, leading Raviprakash to challenge the ruling in the High Court.
Justice Jamadar noted the absence of a specific condition in the gift deed requiring care for the elderly man. However, he pointed out that such expectations are often understood in family transfers. The court found the family's actions forceful, especially given the father's poor health.
"The closeness in time of signing the business and gift agreements to the elderly man's hospitalization for suspected throat cancer cannot be ignored."
The court dismissed the petition, giving the family three weeks to remove their belongings from the disputed apartment. This case highlights the legal protections available to elderly people and the importance of fulfilling family responsibilities.
