Children bound to look after parents: HC

UPHOLDS DECISION ON CANCELLATION OF PROPERTY TRANSFER FROM A WIDOW TO HER SON

CHANDIGARH: The Punjab and Haryana high court has upheld the cancellation of property transfer from a senior citizen to her son by a single judge bench, observing that children are expected to look after their elderly parents “which is not only a value-based principle but a duty as mandated by law”.

The high court bench of justices AG Masih and Ashok Kumar Verma observed that the Parliament enacted the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to uphold the dignity and respect of a senior citizen in old age. “State had serious concern about the challenge faced by the people in their old age. Apart from physical vulnerabilities, they face emotional and psychological challenges. On account of these frailties, they are totally dependent,” the court added.

The case in hand was of a 76-year-old widow whose husband had left one house and one shop in her possession in order to ensure her well-being. As per order, her son started giving her beatings and transferred this property in his name fraudulently in 2015. The widow approached the panchayat for conciliation proceedings two to three times but it did not yield any result. Consequently, she approached the Tohana SDM in Fatehabad, who acts as the maintenance tribunal under the 2007 law. She had pleaded for the registry of the house and the shop to be returned to her and for the protection of her life, liberty and dignity.

The SDM in 2019 directed the son to transfer the house back in mother’s name and provide ₹2,000 per month as subsistence to her. The transfer deed of 2015 was also ordered to be cancelled. Against this order, the son approached the appellate tribunal, Fatehabad, which reversed the findings but said that widow be paid maintenance and allowed to reside in her house. This order was challenged by the widow before a single judge bench whereby the SDM order was directed to be maintained. Before this bench, the son had challenged order of the single bench. Now, the high court has upheld the order by the SDM.

The high court observed that Section 23 (1) of the Act of 2007 explicitly stipulates that in case the children fail to take care of their parents after transfer of their parent’s property in their favour, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the tribunal.