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"Revocation of Gifted Property: Remedy for Elderly Parents Neglected by Children"
In many cultures, parents commonly expect to be cared for by their children in their old age. As parents age, they may require assistance with daily tasks and healthcare needs and often rely on their children to provide this support. The expectation of filial responsibility, or the duty of adult children to care for their aging parents, is deeply ingrained in many societies and is considered a moral and social obligation.
However, in today's world, with changing family structures and economic pressures, the expectation of children caring for their aging parents is being increasingly challenged. Children may move away for education or work or have family responsibilities to manage, leaving them with limited time and resources to provide the necessary care for their aging parents.
This has led to an increasing need for government intervention to support and assist senior citizens who may not have the necessary care and financial resources from their children. In many countries, laws have been enacted to protect senior citizens' rights and ensure they receive the care and support they need in their old age. These laws allow senior citizens to seek maintenance and protection from their children or relatives and access social welfare schemes and benefits.
Revocation of Gift Deed under Section 23:
Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, provides conditions under which a senior citizen can revoke a transfer of property made through gift, will, or any other instrument to a child or relative. The section states that a senior citizen may make an application to the tribunal for revocation of such transfer of property if:
- The transfer was made under fraud, coercion, or undue influence;
- The transfer was made by taking advantage of the senior citizen'scitizen's physical or mental incapacity;
- The consideration for the transfer is inadequate;
- The transferee has neglected or refused to maintain the senior citizen; or
- The transferee has used the property for purposes other than for the benefit of the senior citizen.
If any of the above conditions are met, the senior citizen may apply to the tribunal for revocation of the property transfer. The tribunal will then examine the application and may order the transfer to be revoked, subject to such conditions as it deems fit.
Case: Suresh Chandra Chikara vs. Ramti Devi & Anr. (Civil Appeal No. 10386 of 2018),
- As per the Supreme Court of India, refusal to maintain a senior citizen is not grounds for the cancellation of a gift or release deed in the absence of a specific condition for providing maintenance.
- The Court held that senior citizens could claim maintenance from their children or relatives under the Maintenance and Welfare of Parents and Senior Citizens Act. Still, this right does not extend to the right to cancel a gift or release deed executed in favor of the children or relatives.
- The Court further held that the right to maintenance is a personal right of the senior citizen, which cannot be transferred or extinguished by a gift or release deed. Therefore, in the absence of a specific condition for providing maintenance in the gift or release deed, the refusal to maintain the senior citizen cannot be a ground for cancellation of the deed.
- This judgment clarifies the legal position regarding the cancellation of gift or releases deeds in cases where the senior citizen has yet to be provided with maintenance and sets an important precedent in this area of law.
Can the parents take back the gifted property if the child does not take care of the parents?
- No, it is unnecessary for Section 23 of the MWPSC Act, 2007, to be mentioned in the gift deed for parents to seek revocation if the transferee (children) fails to care for them.
- As per the Act, parents have the right to seek maintenance from their children, and in case the children fail to provide care, the parents have the right to approach the appropriate authority for relief. However, the right to maintenance is a separate and distinct right from the right to revoke the gift deed.
- If the gift deed was made without any conditions, the parents cannot revoke it solely because their children failed to care for them. The right to cancel the gift deed would arise only if any of the conditions specified in Section 23 are met, such as if the transfer was made under fraud, coercion, or undue influence or if the consideration for the transfer is inadequate.
Therefore, if the gift deed does not contain any specific conditions for revocation, the parents would need to prove before the tribunal that the transfer of property was made under one of the conditions specified in Section 23 to seek revocation.
Landmark judgments:
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, has led to several landmark judgments that have set important precedents in India's maintenance and welfare of parents and senior citizens. Here are some examples of such judgments:
- Harjeet Kaur vs. the State of Punjab (2014): In this case, the Supreme Court held that the MWPSC Act 2007 is a social welfare legislation aimed at providing a speedy and effective remedy to parents and senior citizens who are unable to maintain themselves.
- Ishwarlal Vs. State of Gujarat (2015): In this case, the Gujarat High Court held that senior citizens who are victims of abuse or neglect have the right to approach the police or a magistrate for protection and that the police must take appropriate action.
- Jayanandan vs. Rajan (2016): In this case, the Kerala High Court held that a son who has abandoned his parents is liable to pay maintenance to his aged parents under the MWPSC Act, 2007.
- Dr. J. V. Subbarao vs. State of Andhra Pradesh (2016): In this case, the Andhra Pradesh High Court held that a senior citizen has the right to seek eviction of their children or relatives from their property if they are harassing or exploiting them.
- Shanti Devi vs. State of Haryana (2019): In this case, the Punjab and Haryana HC held that the MWPSC Act, 2007 is beneficial legislation aimed at protecting the rights of senior citizens and that the provisions of the Act must be interpreted liberally to achieve its objectives.
These judgments have contributed significantly to the development of jurisprudence in the maintenance and welfare of parents and senior citizens in India. Despite these legal provisions, the care issue for aging parents remains complex and sensitive. It raises questions about intergenerational relationships, the responsibilities of family members, and the state's role in ensuring its citizens' well-being.
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