The Madras High Court has given a historic verdict to protect the rights of senior citizens. The court said that if a son-daughter-in-law, daughter-in-law or any other relative does not take care of the elderly person, then senior citizens can cancel their property donation or settlement deed.

The court also clarified that even if the condition of care is not clearly mentioned in the deed, it can still be canceled.

The verdict was given by a bench of Justice SM Subramaniam and Rajasekhar of Justice.
He cited Section 23 (1) of the Maintenance and Welfare Act, 2007 of senior citizens, which provides protection to the elderly in such situations.

What was the matter?

The case is related to the deceased S Nagalakshmi and her daughter -in -law S Mala.
Nagalakshmi signed a settlement deed in favor of her son Keshavan, in the hope that the son and daughter -in -law would take care of them.
After the son’s death, daughter -in -law Mala stopped taking care of him.
Nagalakshmi approached the Revenue Development Officer (RDO) of Nagapattinam, pleading for justice.

RDO investigated the case and canceled the transfer of Nagalakshmi’s property.
Challenging the decision, daughter -in -law Mala filed a petition in the Madras High Court, but the single bench rejected it.
Now Mala had appealed to the Division Bench, which was rejected again.

What does the law say for the protection of senior citizens?

The Madras High Court said that Section 23 (1) of the Maintenance and Welfare Act, 2007 of senior citizens provides protection to the elderly.
If an elderly person gives his property as a gift or settlement, but the beneficiaries do not take care of them, the elders have the right to withdraw him.