Can parents take back a property they gifted or settled on a child?

By Advocate Rahman · 5 November 2026 · Updated 8 November 2026 · 3 min read

In short

Sometimes. Under s.23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Maintenance Tribunal — in Tamil Nadu, the Revenue Divisional Officer — can declare a transfer void if it was made on condition that the child would provide basic amenities and physical needs, and the child has failed to. Whether that condition must be written into the deed is contested in the Madras High Court. A Sub-Registrar cannot cancel the deed on a parent’s say-so.

The short version

The condition of care must be established; the Supreme Court has noted many gifts are made out of love with nothing expected in return.
A Madras High Court Full Bench (2022) requires a specific condition; some Division Benches have accepted an implied one.
A unilateral cancellation deed has no effect and cannot be registered.

What might this look like?#

A hypothetical

A widowed mother settles her house on her son out of love and affection. The deed says nothing about looking after her. Three years on, he has stopped paying for her medicines.

What does s.23 allow?#

Where a senior citizen transfers property, by gift or otherwise, subject to that condition of care, and the transferee fails to provide it, the transfer is deemed made by fraud, coercion or undue influence, and the Tribunal may declare it void at the parent’s option. Appeals go to the District Collector.

Does the deed have to say it in writing?#

In Sudesh Chhikara (2022) the Supreme Court held the condition is a precondition that must be established. In Madras, the Full Bench in Sasikala (2022) required a specific condition; Division Benches in 2025, including S. Mala, read one in from love and affection; and later rulings, as recently as September 2026, have followed the Full Bench. The Supreme Court’s Urmila Dixit (2025) concerned a deed and promissory note recording the condition expressly. For the mother above, the outcome is uncertain.

Can the Sub-Registrar just cancel it?#

No. A Madras High Court Full Bench held in 2011 that a cancellation deed executed by the transferor alone has no effect and cannot be accepted for registration. The deed is set aside by the Tribunal or by a civil court.

What should a parent do now?#

Read the deed for any clause about maintenance or care.
Find any document signed alongside it recording the same promise.
Write down what support has stopped, and since when.

Questions people ask

Where do I apply in Chennai?

To the Maintenance Tribunal, which in Tamil Nadu is the Revenue Divisional Officer for the division where you live.

Does s.23 apply to a sale deed?

The Madras High Court has held that the Act’s powers do not extend to cancelling a sale deed. A sale obtained by fraud is challenged in a civil court.

We are making a settlement deed now. What should it say?

If care is part of the bargain, state it in the deed in plain terms. On the Full Bench view, a deed that is silent leaves s.23 unavailable.

Where this comes from

Law stated as at 8 November 2026. Legal positions change; this is general information, not advice on your facts.

Advocate Rahman Enrolled advocate, Bar Council of Tamil Nadu & Puducherry. Practises at the Madras High Court in property and money recovery, family and tenancy matters. Writes and reviews everything published here. About the advocate →