Madras High Court Ruling: Neglected Senior Citizens Can Cancel Property Transfers

New Delhi(The Uttam Hindu) In an important judgment, the Madras High Court has held that senior citizens can cancel property gifted to their children or close relatives if they fail to take care of them. The court clarified that Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides protection to senior citizens who had transferred their property in the expectation that they would be taken care of. The division bench of Justices S M Subramanian and K Rajashekar passed this judgment while dismissing the appeal filed by S Mala, daughter-in-law of late S Nagalakshmi. Nagalakshmi had executed a settlement deed in favour of her son Kesavan, expecting that he and his wife would take care of her throughout her life. However, her son and later her daughter-in-law did not take care of her. After the death of Nagalakshmi's son, her daughter-in-law S Mala also mistreated her, following which she approached the Revenue Division Officer (RDO) of Nagapattinam. The RDO, after recording Nagalakshmi's statement and taking into consideration the original settlement deed, which she had written out of love and affection for the future of her son, cancelled it. Mala first filed a petition challenging this order, which was dismissed. She then appealed to the High Court, which has now been dismissed.

In its judgment, the court said that Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is specifically designed to protect senior citizens in situations where they transfer their property by way of gift or agreement on the trust that the person will take care of their basic needs. The bench clearly stated that if the person fails to perform these obligations, the senior citizen has the legal right to obtain a declaration from the tribunal that the transfer be cancelled. The court further remarked that the facts presented before the RDO under the Senior Citizens Act clearly show that the elderly lady was 87 years old at the relevant time and was being totally neglected by her daughter-in-law. This decision is expected to provide great relief to senior citizens who are neglected after transferring their property.