Madras HC upholds annulment of property transfer to son

The Madras High Court has upheld a decision to annul a property transfer from an elderly woman to her son due to neglect. The court's ruling emphasizes that even if there is no explicit clause about care in the property transfer, there is an implied expectation based on love and affection. The case involved S. Nagalakshmi, who transferred her property to her only son, hoping they would care for her in her old age. After her son passed away, she claimed his wife abandoned her. This led her to seek legal action to reclaim her property. An inquiry by the Revenue Divisional Officer in Nagapattinam confirmed that she was being neglected. The court rejected the arguments that the original property transfer needed a specific clause for maintenance. It stated that the transfer, done out of love, carries an implied obligation of care. The judges pointed out that the law recognizes this implicit condition, allowing senior citizens to seek legal relief if their needs are not met. The ruling reinforces the intention of the Maintenance and Welfare of Parents and Senior Citizens Act, which aims to protect the rights and dignity of senior citizens. The court highlighted that during the relevant time, Nagalakshmi was 87 years old and was neglected by her daughter-in-law. Overall, the court affirmed that the cancellation of the property transfer aligned with the spirit of the law.