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Recently, the Supreme Court has given a very important decision regarding the elderly, which is going to benefit the elderly a lot. Also, after this decision, there is a ray of hope that the children will take care of their elderly parents and treat them well. In India too, many such cases have come up where after transferring the property of the parents to the children, the children do not treat them well, do not take care of them and leave them alone. However, after the court’s decision, it will not be possible to do so.
The court has ruled that now after giving the property and other gifts of the parents to the children, a condition will be included in it that they should take care of the parents, fulfill their needs and if the children do not do these things and leave the parents alone, then all the property and other gifts will be taken back from them.
What did the court say?
The court put forward this decision while emphasizing the need to protect the interests of senior citizens. Many parents are ignored by their children after taking the property and gifts and they are left to take care of themselves. The Supreme Court, while giving an important verdict in this case, said that if the children fail to take care of the parents, then the property and gifts given by the parents to them can be canceled under the Welfare of the Parents and Senior Citizens Act. The court said, the transfer of property will be declared void.
The bench of Justice CT Ravikumar and Justice Sanjay Karol said that this Act is a beneficial law to help those elderly who are left alone after the joint family system ends, this law will prove to be better to protect their rights. The Supreme Court also rejected the decision of the Madhya Pradesh High Court which said that property and gifts cannot be canceled on the basis of not serving the parents. This can be done only when it has already been clarified while giving the property or gift.
How will the elderly benefit?
The Supreme Court said that while a liberal view was needed to fulfill the purpose of the law, the Madhya Pradesh High Court adopted a ‘strict view’ on the law. Section 23 of this Act states that after the commencement of this Act, if any senior citizen has transferred his property and gifts to his children, then it will be with the condition that they take full care of them, fulfill their needs and if they are not able to do so, then the transfer of their property will be declared void, and in such a case the property transfer will be considered to have been done under fraud or force or undue influence.
What did Madhya Pradesh HC say?
In the same case, the Madhya Pradesh High Court had said that there should be a clause in the gift deed that binds the children to take care of the parents, but the property cannot be taken back if the children do not take care of the parents. However, the Supreme Court has rejected this decision of the High Court.
Recently, a case came before the court in which an elderly woman had filed a petition that the property transferred to her son be cancelled because her son is not taking care of her after acquiring the property. The court has accepted the woman’s petition in this case. The court said, this Act is a beneficial law, which aims to secure the rights of senior citizens in view of the challenges they face.
