No share in property for ‘abusive’ children: Bombay HC

Mumbai: The Bombay high court has come to the rescue of an elderly Mumbai man by upholding a collector’s direction to his son to return the share of his father’s Andheri property to the old man who had complained of ill-treatment.

The Mumbai suburban collector had passed the order in March 2017 on receiving a complaint from Pritish Natvar Sanghvi’s father, Natvar Keshavlal Sanghvi, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Natvar Sanghvi’s second marriage had apparently aggravated the ill-treatment by his son.

A division bench of Justice Ranjit More and Justice Anuja Prabhudesai, while recently hearing the man’s petition challenging the collector’s decision, said, “It is implied that the father and his second wife would be looked after by the son and his wife after transferring 50 per cent shares of the flat… In the above circumstances, we do not find any error in the order of the collector; therefore, we are not inclined to entertain this petition.”

Natvar Sanghvi had given a 50 per cent share of his flat in Brooklyn Hills Co-operative Housing Society to his son and his (the son’s) spouse with after the death of  his wife.  

However, after Natvar Sanghvi got remarried Pritish Sanghvi allegedly started ill-treating him and his stepmother. As a result, Natvar Sanghvi approached the collector’s office to take by the flat’s share that he had given to his son.

Pritish Sanghvi, however, approached the Bombay high court against the order of the collector favouring Natvar Sanghvi. The high court has now dismissed his plea.

According to Pritish Sanghvi’s petition, after his mother died in 2014, his father wanted to remarry. Therefore, the petitioner and his wife requested the father to transfer his share in the flat in their name. On May 23, 2014, Natvar Sanghvi  transferred a share in favour of his son by way of gift deed to “maintain peace in the family”.

During the hearing, Natvar Sanghvi told the high court that after he transferred the flat’s share to his son and his wife, they started insulting his second wife.

The ill-treatment forced the old couple to leave the flat and live in a rented premises.  After a few months, Natvar Sanghvi approached the suburban collector under section 5 and 23 of the parents and senior citizens law to reclaim the flat from his son.

Pritish Sanghvi told the high court that he was willing to allow his father to live with him in the flat but was against his stepmother returning home.