The Madras High Court recently delivered a significant judgment strengthening the rights of senior citizens.
Chennai: The Madras High Court, in a recent ruling, delivered a landmark decision bolstering the rights of senior citizens. The court clarified that if children or close relatives fail to care for their parents, gifted property can be revoked. This decision paves the way for more effective enforcement of laws prioritizing the safety and maintenance of parents and senior citizens.
What is the case about?
The case pertains to the late S. Nagalakshmi, who executed a settlement deed in favor of her son, Keshavan. She made this decision expecting care from her son and daughter-in-law during her lifetime. However, after her son's death, her daughter-in-law, S. Mala, neglected her and failed to provide adequate care.
Facing neglect and loneliness in her twilight years, Nagalakshmi sought help from administrative authorities. They took cognizance of the matter and revoked the property transfer. S. Mala challenged this decision in court, but the High Court dismissed her appeal.
What did the High Court say?
The Madras High Court bench, comprising Justices S.M. Subramaniam and K. Rajasekhar, stated in its judgment, "Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, provides protection to elderly individuals who transfer their property to their children or relatives in love and trust, but subsequently face neglect."
The court further clarified that if the beneficiaries (children or relatives) fail to fulfill their duties, the senior citizen has the right to reclaim the property.
What is Section 23(1) of the Senior Citizens Act, 2007?
This section was implemented to ensure the financial security of senior citizens. Under this section, if a senior citizen transfers their property as a gift or otherwise, the beneficiary is obligated to care for their needs and provide basic necessities. If care is not provided, the senior citizen can approach a Tribunal to revoke the property transfer.
The aim of this Act is to maintain the safety and dignity of the elderly. This decision is a relief for senior citizens facing familial neglect. It will ensure that children do not enter into agreements with their parents solely for the sake of property but also fulfill their moral and legal obligations towards them.
