In a significant ruling, the Madras High Court has affirmed that senior citizens can cancel gift or settlement deeds if their children or close relatives fail to provide care. This landmark decision came from Justices S M Subramaniam and K Rajasekar, who dismissed an appeal from S Mala, the daughter-in-law of the late S Nagalakshmi.
Nagalakshmi had originally transferred property to her son Kesavan under a settlement deed, hoping that he and his wife would care for her. Unfortunately, neither fulfilled these expectations. Following Kesavan’s death, his wife continued to neglect her duties towards Nagalakshmi, prompting the latter to seek legal recourse.
This case was brought under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which protects senior citizens who transfer property expecting basic care in return. The Act’s Section 23(1) allows seniors to seek legal invalidation of such transfers if the recipients fail to provide the expected care.
The court noted that property transfers by senior citizens are often done out of love and affection, forming an implied condition of the transaction. If this condition is not met, seniors have the right to revoke the transfer.
The judges highlighted the plight of Nagalakshmi, an 87-year-old who felt completely disregarded by her daughter-in-law. Although Nagalakshmi had three daughters, she chose to settle her property on her only son, which made the neglect even more poignant.
The ruling underscores that senior citizens’ rights are protected under the law, emphasizing that care obligations, while implicit, are legally binding. This decision serves as a reminder of the duty of care owed to senior citizens and the legal mechanisms available to them if these duties are not honored.
