Telangana High Court: Unconditional Gift Deed Cannot Be Cancelled Under Senior Citizens Act
The verdict came in a case involving a building in Kondapur, where the petitioner challenged the cancellation of a gift deed issued in 2019 by his grandfather.
Hyderabad: In a significant ruling, the Hyderabad High Court has clarified that a gift deed executed purely out of love and affection cannot be cancelled arbitrarily or without meeting legal conditions. The verdict came in a case involving a building in Kondapur, where the petitioner challenged the cancellation of a gift deed issued in 2019 by his grandfather.
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No Pre-Conditions in Gift Deed, So Cancellation Invalid
The court cited Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which allows cancellation of a gift deed only if specific pre-conditions — such as care, shelter, food, or medical aid — were agreed upon and later violated. In this case, the court found no such conditions were attached to the gift.
The judge emphasized that elderly parents can revoke a gift only if their basic daily and medical needs were part of the agreement and subsequently not fulfilled. Since the deed was unconditional, its cancellation was deemed unlawful.
Petition Filed by Grandson from the US
The case was filed by Rohit Shaurya, a US resident and grandson of Subbarao, the man who originally gifted the property. Subbarao had gifted four floors of a building — two each to Rohit and his brother. The Revenue Divisional Officer (RDO) had cancelled the gift deed under the Senior Citizens Act without issuing a notice to Rohit, which became a crucial procedural flaw in the case.
Respondent’s Argument Rejected by Court
Subbarao’s son, Ramesh, had argued that the property should go to the legal heirs after his father’s death and filed a counter-affidavit stating Subbarao had four children. However, the High Court ruled that the gift was executed legally during Subbarao’s lifetime and cannot be contested posthumously by the legal heirs unless there is a civil court order.
The judge also noted that filing the cancellation petition nine months after Subbarao’s death further weakened the respondent’s argument.
RDO’s Order Quashed
The High Court quashed the RDO’s January 12, 2023, order, stating it lacked legal merit as the gift deed did not fall under the conditions stipulated in the Senior Citizens Act. The court added that any disputes should now be addressed through civil litigation and not administrative intervention.
Verdict Reinforces Legal Standing of Unconditional Gifts
The ruling reinforces that unconditional gifts made voluntarily cannot be annulled arbitrarily, setting a precedent for future cases involving family property disputes and the Senior Citizens Act.
