If children do not take care of their parents then the gift deed can be cancelled… Why did the Supreme Court say this?

New Delhi:The Supreme Court (SC) has said in an important decision that if the children do not take care of the parents, then the gift deed of property made by the parents in the name of the children can be cancelled. This decision has been given under the Maintenance and Welfare of Parents and Senior Citizens Act.

What did the Supreme Court say?

The SC also overturned the Madhya Pradesh High Court (HC) judgment which had held that if the terms are not clearly stated in the gift deed, the gift deed cannot be canceled on the ground of non-service to the parents . The SC said the HC took a ‘strict view’ of the law, whereas a liberal approach was required to serve the purpose of the law. The decision came on a plea by a woman seeking cancellation of the gift deed made in favor of her son as he/she had refused to take care of her.

Emphasizing the need to protect the interests of senior citizens, the SC said that there are many senior citizens who are ignored by their children and left to fend for themselves after transferring the property. A bench of Justices CT Ravikumar and Sanjay Karol said the Act is a beneficial legislation aimed at helping the elderly who are left alone due to the weakening of the joint family system. he/she said that its provisions should be interpreted liberally and not in a narrow sense to protect the rights of senior citizens.

Why did the High Court’s decision have to be reversed?

The SC overturned the HC judgment which had held that the gift deed must contain a clause binding the children to take care of the parents and in its absence the gift deed cannot be cancelled. Section 23 of the Act says that where a senior citizen transfers his/her property by gift or otherwise after the commencement of this Act subject to the condition that the recipient shall provide basic amenities and basic physical necessities to the transferor. If such recipient refuses or fails to provide such facilities and physical necessities, the transfer of the property shall be deemed to have been made by fraud or by force or undue influence and shall be declared void by the Tribunal at the option of the transferor.

Citing this, the HC had held that a gift deed must contain a clause binding the children to take care of the parents, and in its absence the deed cannot be cancelled. But SC rejected this decision.

The court accepted a woman’s plea seeking cancellation of the gift deed she had executed in favor of her son, who had refused to take care of her. This was based on the “Assurance Letter/Promissory Note” which was executed by her son promising to take care of her till the end of her life and that if he/she did not do so, she would be free to withdraw the deed. .