Property can be taken back from children who do not serve their parents after receiving property: Supreme Court

Supreme Court: After receiving property from their parents as a present, the property can be taken back from children who do not handle them. The Supreme Court has given this resolution whereas deciphering the legislation made in 2007 to guard the pursuits of the aged. In this case of Chhatarpur, Madhya Pradesh, the courtroom has canceled the present deed given by the mom to the son. The courtroom has ordered the son handy over the possession of the property to his mom by February 28.

‘The legislation has been made to assist the aged’

A bench of Justices CT Ravikumar and Sanjay Karol of the Supreme Court has stated that the courts ought to be conscious within the circumstances associated to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 that this legislation was made to assist the aged. Is. Even whether it is not written within the present deed that the kid will handle the parents in future, nonetheless the careless baby can not be allowed to take possession of the property on this foundation.

What does the legislation say ?

Section 23 of the legislation made in 2007 says that after the implementation of this legislation, if a senior citizen offers his property to somebody by present or in every other means on the situation that the recipient of the property will handle that senior citizen, If this does not occur, it’s going to be thought of that the switch of property has been executed by fraud or menace. The tribunal will declare this switch void.

‘Son had promised to take care’

Urmila Dixit, a resident of Chhatarpur, had purchased a property in 1968. He gave it to his son Sunil Sharan Dixit by way of a present deed on 7 September 2019. On December 4, 2020, she utilized to the Sub Divisional Magistrate of Chhatarpur and stated that her son attacked her and her husband to get extra property. Urmila Dixit informed that earlier than transferring the property, the son had given an enterprise that he would handle her. After this utility, SDM ordered to cancel the present deed.

‘Madhya Pradesh High Court’s resolution in favor of son’

Sunil Sharan Dixit appealed in lots of boards one after the opposite. He claimed that the enterprise offered by his mom was faux. But the SDM’s order remained intact at each discussion board. Finally, on 31 October 2022, the choice got here in his favor from the Division Bench of Madhya Pradesh High Court. The Division Bench stated that if the service of the mom was a situation of the present deed, then it ought to have been written in that deed. This situation is not talked about within the present deed, so the property will stay with the son.

‘The High Court did not do the proper factor by overturning the choice’

Now the Supreme Court has overturned the choice of the Division Bench of the High Court, giving a verdict in favor of the mom. In the choice given on January 2, the Supreme Court has talked about the significance of the legislation made in 2007 to guard the pursuits of the aged. The courtroom has cited its previous selections in circumstances like ‘S. Vanitha vs. Bengaluru Deputy Commissioner’ and ‘Sudesh Chhikara vs. Ramti Devi’. In these circumstances, a liberal interpretation of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was stated to be within the curiosity of the aged.

The Supreme Court has stated that this legislation was enacted to guard senior residents from neglect and to allow them to guard their rights. When an aged particular person complains that he’s not being correctly seemed after, the Tribunal has the facility to order the recipient of the property to maneuver away from it after investigating the case. In this case additionally the SDM had given the right order. The High Court did not appropriate it by overturning it.

Also learn: PM Modi inaugurates Namo Corridor, travels with children in Rapid Rail