Madras HC Upholds Senior Citizens' Rights to Revoke Neglected Property Deeds

The Madras High Court rules senior citizens can annul property deeds gifted to children or relatives if neglected. The ruling upholds protections in the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, ensuring deeds annulled due to unmet care expectations, even if not explicitly stated.

The Madras High Court recently affirmed that senior citizens possess the right to revoke property deeds given to children or close relatives if they fail to provide necessary care, as expected. This decision reflects the court's commitment to protecting elder rights under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The case involved a settlement deed initially executed by S Nagalakshmi in favor of her son Kesavan, hoping for familial support. Upon his death, Nagalakshmi's daughter-in-law also neglected her, prompting her to seek annulment of the deed. After hearing the case, the Resource Development Officer (RDO) canceled the settlement, a decision later challenged by the daughter-in-law, S Mala, but ultimately upheld by the High Court.

The bench clarified that the Act allows for annulment of such deeds if the implicit condition of receiving care and love is violated. The law recognizes that transfers are often based on affection rather than explicit legal terms, thereby providing a legal remedy for senior citizens facing neglect.

(With inputs from agencies.)