Supreme Court: Recently the Supreme Court has given a very important decision regarding the care of parents. Many elderly people of the country will benefit from this. After this decision, a ray of hope has arisen that children will take care of their elderly parents and treat them well. There have been many cases in India where after parents transfer property in the name of their children, the children do not treat them well and do not take care of them and leave them alone. However, after this decision of the court, now they will not be able to do so.
What did the Supreme Court say?
Indeed, the Supreme Court has ruled that after children receive a parent’s property and other gifts, if they do not take care of the parent or meet their needs, all property and other gifts must be returned to them. Will be taken. Children. The court gave this decision emphasizing the need to protect the interests of senior citizens. The Supreme Court while giving its verdict said that if children fail to take care of their parents. So the property and gifts given by the parents can be canceled under the Parents and Senior Citizens Welfare Act. And the transfer of property will be declared void.
Supreme Court rejected the decision of Madhya Pradesh High Court
A bench of Justice CT Ravikumar and Justice Sanjay Karol said, ‘This law will be beneficial in helping those elders who are left alone after the end of the joint family system and this law will prove to be better in protecting their rights. The Supreme Court also rejected the decision of the Madhya Pradesh High Court which had said that property and gifts cannot be taken back on the ground of non-service to the parents. This can happen only when property or gift is mentioned.
The Supreme Court said that, to fulfill the purpose of the law, a liberal approach is needed. But Madhya Pradesh High Court adopted a ‘strict stance’ on this law. Section 23 of this Act states that if a senior citizen transfers his property and gifts to his children. It will then be a condition that they will take full care of them and meet all their needs and if they fail to do so then the transfer of their property will be declared void. and in such case the transfer of the property shall be deemed to have been made by fraud or by force or by undue influence.
What did Madhya Pradesh High Court say?
Earlier in the same case, Madhya Pradesh High Court had said that there should be a clause in the gift deed which obliges the children to take care of the parents. But if the children do not take care of the parents then the property cannot be taken back. However, now the Supreme Court has rejected this decision of the High Court.
What was the matter?
Actually, recently a case came before the court. In which an elderly woman had applied to cancel the property transferred in the name of her son. Because his son did not take care of the property after acquiring it. The court accepted the woman’s petition in this case. The court said that this law is a beneficial law. Its objective is to protect the rights of senior citizens in view of the challenges faced by them.
