Ashwin Ramesh Soni Vs Ramesh Soni (Bombay High Court)
The Bombay High Court dismissed a writ petition challenging an order dated 13 April 2026 passed by the Maintenance and Welfare of Parents and Senior Citizens Tribunal-I and Deputy Collector, Mumbai, which had partly allowed an application under Sections 5 and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Tribunal had declared void a registered Gift Deed dated 8 May 2023 relating to the Yashashree flat and directed the petitioner to hand over vacant and peaceful possession of the flat to his parents within sixty days. The Tribunal did not cancel the Gift Deed relating to another property, the Monte South flat, which was not the subject matter of the writ petition.
The parents had purchased the Yashashree flat in 2005 and later jointly purchased the Monte South flat in 2020 with the petitioner and his wife, each holding a 25% share. According to the parents, family disputes arose around 2020 and, after intervention by family members, an understanding was reached in March 2023 under which the petitioner agreed to maintain and care for them while they agreed to transfer the Yashashree flat in his favour. Two Gift Deeds dated 8 May 2023 were executed, with the parents bearing the stamp duty and registration charges. The arrangement subsequently failed, the parents left the Yashashree flat, and the developer declined to hand over possession of the Monte South flat after its transfer, following which the parents initiated proceedings seeking cancellation of both Gift Deeds and consequential reliefs.
