Chhattisgarh High Court Upholds Right of Senior Citizens to Cancel Property Gifts in Cases of Neglect
The Chhattisgarh High Court has delivered a landmark judgment affirming that elderly individuals can cancel property gifts made to relatives if those relatives fail to provide expected care and support. This ruling applies even when the gift deed does not explicitly include a maintenance condition, setting a significant precedent under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Court Clarifies Legal Provisions for Senior Citizen Protection
A division bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal emphasized that the obligation to care for senior citizens need not be expressly stated in a deed. Instead, it can be inferred from the relationship between the parties and the specific facts of the case. The court highlighted that forcing octogenarians to live in an old-age home while occupying their property constitutes clear neglect, justifying the annulment of such transfers under Section 23 of the Act.
The Maintenance Tribunal is empowered to annul property transfers if senior citizens are neglected, as demonstrated in a recent case involving an elderly couple from Bilaspur. Sureshmani Tiwari (83) and Lata Tiwari (80) had executed a gift deed in April 2016 in favor of their nephew, transferring their house to him with the expectation of care in their old age, as they had no son.
Case Details: Elderly Couple's Struggle and Legal Victory
The couple later alleged that the nephew and their daughter harassed them, withdrew approximately Rs 30 lakh from their bank accounts, and disconnected essential utilities like electricity and water supply to the house. As a result, they were compelled to move to a government-run old-age home in Jorapara Sarkanda. In September 2024, the Maintenance Tribunal declared the gift deed null and void and directed the appellants to vacate the premises, an order upheld by the district collector and a single bench of the high court.
On February 3, the High Court dismissed a writ appeal filed by the nephew and daughter, who challenged the cancellation. The appellants argued that the couple received pension and owned other properties, thus not being entitled to maintenance, and claimed that a maternal nephew does not fall under the definition of a "relative" liable for maintenance under the Act.
Court's Firm Stance on Senior Citizen Welfare
The bench firmly rejected these arguments, observing that the record establishes the respondents were forced to leave their own house and reside in an old-age home, which justified the initiation of proceedings. This ruling reinforces the protective intent of the law, ensuring that senior citizens are not exploited or abandoned after transferring assets.
This decision serves as a crucial reminder of the legal safeguards available to elderly individuals in India, promoting accountability among relatives and upholding the dignity and welfare of senior citizens across the nation.
