Karnataka high court upholds cancellation of gift deed as elderly woman’s children fail to maintain her

Bengaluru: The high court has dismissed a petition filed by a woman challenging an order of the assistant commissioner of Mysuru cancelling a gift deed executed by her mother.

The mother, a retired govt school teacher, had gifted her property to her daughter and son with an understanding that the rental income would be utilised for her benefit. However, when they failed to provide basic amenities and drove her to live in a rented house, the mother approached the assistant commissioner, who cancelled the gift deed on Oct 8, 2025, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The woman’s daughter challenged the order, arguing that there was no express stipulation in the gift deed about taking care of her mother.

Justice Sachin Shankar Magadum noted in his April 27 ruling that the material on record unmistakably demonstrates that pursuant to transfer by way of gift, the daughter acquired the ground floor and the son the first floor, and both were admittedly deriving rental income from the property that originally belonged to the mother.

However, in a distressing contrast, the mother was compelled to reside in a rented house, bereft of both shelter in her own property and the benefit of income arising from it. The judge said these circumstances clearly show the transfer was based on an implied promise of care and maintenance.

“The fact that the petitioner-daughter, who herself owns an independent house, continues to enjoy rental income from the gifted property while allowing her aged mother to languish in a rented house, is a glaring instance of failure to honour not only a moral obligation but also a statutorily recognised duty. The non-contestation by the son further fortifies the inference that the transfer has resulted in abandonment of the senior citizen,” the judge observed while dismissing the daughter’s petition.