Behave Yourselves! Aged Parents Can Now Cancel Gift Deeds if Neglected by Children

The Madras High Court has ruled that senior citizens can revoke gift or settlement deeds granted to children or close relatives if they fail to provide care, even without explicit conditions in the deed. Justices S M Subramaniam and K Rajasekar dismissed an appeal by S Mala, upholding the cancellation of a deed executed by her late mother-in-law, S Nagalakshmi.

Nagalakshmi, aged 87, had transferred property to her son Kesavan in 2016, expecting care from him and Mala, his wife. After Kesavan’s death, Mala neglected her, prompting Nagalakshmi to approach the Revenue Divisional Officer (RDO) in Nagapattinam. The RDO voided the deed in 2023, a decision Mala challenged unsuccessfully before appealing to the High Court.

The bench cited Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which protects seniors who transfer property anticipating basic support. The court held that love and affection—implicit in such transfers—serve as an unspoken condition. “If the transferee fails to care, the senior citizen can annul the deed,” the judges said, noting Nagalakshmi’s explicit neglect by her son and Mala despite favoring him over her three daughters.

The ruling aligns with Supreme Court precedents, affirming that implied conditions suffice under the Act. The RDO’s findings—based on Nagalakshmi’s testimony and Mala’s neglect—met the law’s intent to safeguard vulnerable seniors. “She denied her daughters equal rights, expecting her son’s family to support her,” the bench observed, validating the annulment.

This landmark judgment strengthens seniors’ legal recourse against familial neglect, reinforcing the Act’s spirit. Mala’s appeal was dismissed, cementing the RDO’s 2023 order as a precedent for similar cases across India.