Bengaluru: The Karnataka High Court has dismissed a petition filed by a woman challenging an order of the assistant commissioner of Mysuru cancelling a gift deed executed by her mother.
Background of the Case
The mother, a retired government school teacher, had gifted her property to her daughter and son with the understanding that the rental income would be used for her benefit. However, when the children failed to provide basic amenities and compelled her to live in a rented house, the mother approached the assistant commissioner. The assistant commissioner cancelled the gift deed on October 8, 2025, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Daughter's Challenge
The daughter challenged the order, arguing that there was no express stipulation in the gift deed requiring her to take care of her mother. She contended that the cancellation was unjustified.
Court's Observations
Justice Sachin Shankar Magadum, in his ruling on April 27, noted that the material on record clearly demonstrates that after the gift transfer, the daughter acquired the ground floor and the son the first floor. Both were admittedly earning rental income from the property that originally belonged to the mother. However, in a distressing contrast, the mother was compelled to reside in a rented house, deprived of both shelter in her own property and the benefit of income arising from it.
The judge stated that these circumstances clearly show the transfer was based on an implied promise of care and maintenance. He observed: "The fact that the petitioner-daughter, who herself owns an independent house, continues to enjoy rental income from the gifted property while allowing her aged mother to languish in a rented house, is a glaring instance of failure to honour not only a moral obligation but also a statutorily recognised duty. The non-contestation by the son further fortifies the inference that the transfer has resulted in abandonment of the senior citizen."
Consequently, the court dismissed the daughter's petition, upholding the assistant commissioner's order.
