My Gift

Lata aged 72 years is the mother of Sunita 52 years is the daughter . They both live under one roof. But they both have a very strained relationship, So strained that she had beaten her brutally,  forcing her to be admitted to hospital.
       Besides that lata also registered  a    crime against her daughter for the offences  undersectio 323,229,294(b)and 506 read with section 34of lPC. The allegations read distressing Sunita allegedly deprived food of her mother, kept her outside the house even at night for about four days and kicked her in the stomach.
        All these allegations have led Lata to invoke the Maintenance and Welfare of Parents and Senior Citizens Act 2007.To lay the foundation for her complaint before the primary authority under the Act Lata pleaded that in the past when the  familial relations were fine, She and her husband, since deceased, executed a gift deed.  They settled on Sunita, their daughter eight cents of land, including a residential building.  The recital in the gift deed expressly reserves the right of residence till their lifetime to both the donor parents                                                    The father dead,  only mother, Lata sued Sunita before the Tribunal to declare the gift deed void undersection 23 of the Act of Maintenance and Welfare of Parents and Senior Citizens Act,  2007.

After a long litigation the court gives it's verdict that  Sunita can't continue to live with Lata unless she permits. But to add that Sunita is not remedyless.  As a  co-owner She can assert her right and seek partition of the Property.

                                                        AuthorMeeenakshi Puri advocate by profession