Madras HC Upholds Rights of Senior Citizens to Revoke Neglected Property Gifts

The Madras High Court has ruled that senior citizens can annul gift or settlement deeds if recipients fail to care for them, referencing Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act. This decision was reaffirmed in the case of S Nagalakshmi against her daughter-in-law.

The Madras High Court has reinforced the rights of senior citizens to revoke gift or settlement deeds if the transferees fail to provide care, citing Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. This judgment was delivered in a case involving S Nagalakshmi, who transferred property to her son under the assumption that he and his wife would take care of her.

Justice S M Subramaniam and Justice K Rajasekar led the division bench that upheld the ruling, emphasizing that property transfers often stem from a senior's love and expectation of reciprocated care. The court noted that such implied terms need not be explicitly stated in the deed for the transfer to be annulled upon evidence of neglect.

The court's decision allows senior citizens to seek annulment of property deeds through the competent authority, highlighting that the expectation of care arises naturally in such familial property transfers. This judgment serves as a clear signal to uphold the welfare of senior citizens, ensuring legal protection against the breach of care commitments by relatives.

(With inputs from agencies.)