The Madras High Court ruled that senior citizens can cancel property gifted to children or relatives if they are neglected, even if no such condition was mentioned in the deed. The court upheld the cancellation of a settlement deed where a mother was abandoned by her daughter-in-law.
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Chennai: The Madras High Court ruled that senior citizens have the right to cancel a gift or settlement deed given to their children or close relatives if they are not taken care of, even if the deed does not mention such a condition explicitly.
A division bench consisting of Justices S M Subramaniam and K Rajasekar dismissed an appeal filed by S Mala, the daughter-in-law of late S Nagalakshmi.
Nagalakshmi had originally executed a settlement deed in favor of her son, Kesavan, believing that he and his wife, Mala, would take care of her for life. However, they failed to fulfill their responsibility. After Kesavan passed away, Mala also neglected Nagalakshmi. Therefore, Nagalakshmi approached the Revenue Divisional Officer (RDO), Nagapattinam for justice.
After recording her statement that she transferred the property out of love and affection for her son’s future, and after hearing Mala’s side, the RDO canceled the settlement deed. Challenging this decision, Mala filed a petition, which was dismissed. She then appealed to the High Court.
The bench explained that under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, senior citizens are protected when they transfer property as a gift or settlement, expecting that the recipient will take care of them. If the recipient fails in this obligation, the senior citizen can request the Tribunal to cancel the transfer.
The court acknowledged that senior citizens often transfer property to their children or close relatives out of love and affection. The transfer is not just a legal act but an act of trust, hoping to receive care in their old age. This expectation of care becomes an “implied condition”, even if it is not mentioned in the document.
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If the recipient fails to provide care, the senior citizen can use Section 23(1) of the Act to revoke the transfer.
The court further noted that in this particular case, at the time of the dispute, Nagalakshmi was 87 years old and was completely neglected by her daughter-in-law.
The bench emphasized that past judgments support the legislative intent of Parliament, proving that implied conditions are valid. Courts can determine the true intention behind a settlement or gift deed based on facts and circumstances. Therefore, even if the deed does not explicitly state that care is required, it is assumed as an implied condition under Section 23(1), allowing authorities to cancel the deed if this condition is violated.
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The court stated that legal principles set by the Supreme Court and High Courts clarify that explicit conditions are not necessary under Section 23(1). Since the transfer was based on love and affection, it is enough to prove an implied condition that the senior citizen would be taken care of. If the beneficiary neglects the senior citizen, the gift or settlement deed can be canceled.
In this case, Nagalakshmi had three daughters, but she gave the property only to her son, depriving her daughters of equal property rights. Since she had given the property only to her son, it was natural for her to expect that her son and daughter-in-law would take care of her.
As this expectation is an implied condition under Section 23(1) of the Senior Citizens Act, the RDO’s decision to cancel the settlement deed was justified and aligned with the Act’s objectives, the bench ruled.
CASE TITLE:
S Mala v. District Arbitrator and ors.
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