This page sets out, in general terms, how common questions on can a senior citizen cancel a gift of property to their children works under Indian law.
Before the frequently asked questions
In Urmila Dixit v Union of India (2 Jan 2025), the Supreme Court held that a Maintenance Tribunal under s.23 of the Maintenance and Welfare of Parents and Senior Citizens Act can cancel a conditional gift of property and order eviction where the condition (such as being cared for) was not honoured.
In Samtola Devi (28 Mar 2025), the Supreme Court clarified that eviction is not automatic even where s.23 applies — the facts of each case still matter.
Frequently asked questions
Can I get back a property I gifted to my child if they stop supporting me?
If the gift was conditional on being maintained or cared for, a Maintenance Tribunal under s.23 of the Senior Citizens Act can cancel the gift and order eviction, as the Supreme Court confirmed in Urmila Dixit (2 Jan 2025). Later rulings clarify this is not automatic and depends on the facts.
For a fuller explanation, see Why a GPA or Agreement to Sell Does Not Transfer Property Title.
If you would like this looked at against your own facts, a consultation is a reasonable next step.
This is general, educational information and not legal advice. Specific facts can change the analysis, so a qualified advocate should review your situation before you act.
This page provides general information about the law in India and is not legal advice. For advice on your specific situation, please consult a qualified advocate.