Underlying Section In The Senior Citizen Act 2007: Old Age Parents Can Cancel The Property Deeds

India is one of those few countries where we still value our close-knit familial relationships and there are many things that parents do for their children to show their affection and love and one of those things is property transfer. For decades, Indian parents have been transferring their assets and properties in the name of their children. This is a very common practice but only when there is a trusting relationship and no coercion by children.

There are innumerable instances wherein children force their parents to transfer their properties by various ways of coercion like poor treatment and mental torture. The legal system of India plays a crucial role in such situations and protects the parent’s interests through an act named Maintenance of Parents and Senior Citizen Act 2007.

Recently, the Madras High Court came across a case wherein they highlighted that the section concerning love and affection does not have to be separately stated under the Maintenance & Welfare of Parents and Senior Citizen Act 2007. This judgement will protect senior citizens from any form of exploitation so that they can lead healthy and respected lives as they all deserve to.

Read the article to learn more details about the Madras High Court judgement and what it represents in the broader sense.

Background Of the Case

The case in question was filed by a woman named Mala. Mala’s mother-in-law, Nagalakshmi transferred her property to her only son out of nothing but pure love and affection. She expected her son and his wife to take care of her for the rest of her life.

However, they didn’t fulfil her expectations of basic care due to which she applied for the cancellation of the Property Settlement Deed. To stop the cancellation, Mala filed a case against her mother-in-law, Nagalakshmi wherein she was deposed in front of the Revenue Divisional Officer. She clearly expressed the reason behind the proposed cancellation. i.e. no basic care from her son and his wife and that she only transferred her property because of love for his only son. The RDO ruled in favour of Nagalakshmi.

Mala and her husband were not in agreement with the RDO’s decision due to which they filed a case in the High Court of Madras.

The bench consisted of Justice SM Subramaniam and Justice K Rajasekaran wherein Mala’s lawyers argued that there was no mention of Section 23(1) in the Settlement Deed and as it is not mentioned the mother-in-law doesn’t have the right to cancel the deed. In response to this, Nagalakshmi’s lawyers brought the court’s attention toward the fact that the property transfer was being done out of love and affection which was mentioned in the deed as well which in turn isn’t a violation of Section 23(1) of the Maintenance & Welfare of Parents and Senior Citizen Act 2007.

Read More: When Can A Daughter Not Claim Her Father's Property? | Inheritance & Property Law

Conclusion

Any property transfer done by the parents should be done only because of care and affection, not because of coercion or exploitation by children. The High Court of Madras recognised this and showed all the citizens the commitment and care the system has for them.

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