Madras HC supports seniors' rights to cancel gift deeds

Senior citizens in India can cancel property gifts or settlements to their children if those children do not take care of them. This ruling comes from the Madras High Court. The case involved a woman named S Nagalakshmi, who had executed a deed in favor of her son, expecting he and his wife would care for her. However, after her son's death, neither her son nor her daughter-in-law took care of her. At 87 years old, Nagalakshmi sought help from local authorities, leading to the cancellation of the deed by the Revenue Divisional Officer. Her daughter-in-law, S Mala, challenged this decision in court, but the High Court dismissed her appeal. The judges stated that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, allows senior citizens to seek protection when transferring property based on the expectation of care. The court clarified that even if care obligations are not spelled out in the deed, they are implied due to the nature of the transaction. This means that if a child neglects their elderly parent, the senior citizen can have the property transfer annulled. The court emphasized that love and affection are key considerations in such deeds. A senior citizen's reasonable expectation of care should lead to the annulment of a gift or settlement if that expectation is not met.