look news india
The Supreme Court has recently given a very important decision regarding the elderly, which is very beneficial for the elderly and after this decision, a ray of hope has arisen for the elderly parents. Due to which children will take care of their old parents and behave well with them.
There have been many cases in India where after parents have transferred property in the name of their children, the children do not behave well with their parents. They don’t care about them and leave them alone. However, after this decision of the court they can no longer do so.
What was the decision of the Supreme Court?
The court has ruled that now after giving ancestral property and other gifts (gift deed) to the children, a condition will be included that they will take care of the parents, fulfill their needs and if the children do not do this and the mother -Father – If the father is left alone, all his property and other gifts will be taken back from him.
Emphasizing the need to protect the interests of senior citizens, the court took this decision forward. Many parents feel neglected by their children after receiving property and gifts and are left to their own devices. The age when one has to support one’s parents and abandon them by taking away all their property is said to be a very pitiful situation and a matter of shame.
Under which law is the gift deed voidable?
The Supreme Court, while giving an important judgment in this case, said that if the children fail to take care of the parents then the property and gifts given by the parents will be subject to the provisions of the Senior Citizens Maintenance and Welfare Act. Can be canceled under Senior Citizens Act. The court said that as per Section 23 of the Act, the transfer of property will be declared void. In such a case, the transfer of property will be deemed to have been made by fraud or under duress or undue influence.
The Supreme Court said that while a liberal approach was required to fulfill the purpose of the Act, the Madhya Pradesh High Court adopted a ‘strict approach’ towards the Act. A bench of Justices CT Ravikumar and Sanjay Karol said that the Act is a beneficial law to help the elderly who are left alone after the end of the joint family system, this Act will go a long way in protecting their rights. The Supreme Court also rejected that decision of the Madhya Pradesh High Court.
What did Madhya Pradesh High Court say in this matter?
In the same case, the Madhya Pradesh High Court held that the gift deed should contain a clause binding the children to take care of the parents, but if the children do not take care of the parents, the property cannot be taken back. Can. This can be done only if it is already mentioned in the deed at the time of gifting the property. However, the Supreme Court has rejected this decision of the High Court.