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The Techies (Student)     05 December 2019

Money paid as gift can be taken back?

Hello Everyone!

I wish to know that if a parent gave an amount of money to their children (son or daughter) (transferred in their bank account) and that child through that money purchased a property (solely by that money without any self contribution). Now are the parents capable under any law to reclaim either that property or that sum of money from their child? Because that child is harassing them unnecessarily.

Is this possible?

Thanks!



Learning

 6 Replies

G.L.N. Prasad (Retired employee.)     06 December 2019

It depends on facts and stands of the parties and it is difficult to offer any guidance without knowing full, detailed and relevant facts on intentions, circumstances and claims.  The general concept is once it is gifted, the owner can not claim as it is lending,  However in case of senior citizens, there are instances where the revenue authorities accept petitions and counsel the children and for refund, the amount, as maintenance of parents is the responsibility of children.   One has to approach to District collector through a petition stating such facts and harassment by son/daughter.

Shashi Dhara   06 December 2019

It is better to File suit for maintainence u/crpc sect 125

Adv Vinay Mathur + 8447131770 (Advocate)     06 December 2019

money recovery suit can also be filed if it is within 3 years

Dr J C Vashista (Advocate)     07 December 2019

Prima facie it is an academic exercise.

However, Gift is irrevocable and donee may use as s/he desired.

Adv Vinay Mathur + 8447131770 (Advocate)     07 December 2019

from the question it is not clear if gift deed has been executed

Adv Vinay Mathur + 8447131770 (Advocate)     07 December 2019

Elderly parents c ..

Read more at:
https://m.timesofindia.com/articleshow/65002327.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
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