Madras high court
CHENNAI: When senior citizens bequeath their property to their children by way of gift or settlement, a clause will henceforth have to be incorporated in the deed saying that the transferee will provide basic/physical needs to their parents under section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Madras high court has ruled.
Justice S Vaidyanathan said that if the transferee refuses to do so, the said transfer of property shall be deemed to be made by fraud or coercion or undue influence.
The sub registrar/registrar, who registers a deed of conveyance, must ensure that the condition stipulated in Section 23 is incorporated in the said deed. If it is incorporated in the deed or gift or settlement or otherwise automatically, the transferee will not be in a position to sell the property and in case of sale, the buyer will be at risk to buy such property. However, if the above condition is absent, then the senior citizens cannot approach the tribunal to get the deed made void, the judge said.
The court passed the order while hearing a batch of petitions regarding cancellation of deeds, some filed by senior citizens. Though there are provisions under the Act for prosecuting those abandoning senior citizens, several of them have been abandoned on the streets by children once they get their properties. Justice Vaidyanathan observed that if those who are responsible of taking care of their elderly parents leave them in the lurch, they shall be imprisoned according to section 24 and imposition of fine will only be secondary. Even though the word used is 'either' in Section 24 of the Act, the imprisonment should be made mandatory.
"Even though the discretion is given to magistrates to try the offence and impose punishment, unless the sword of damocles is hanging on the youngsters, there will be lots of old age homes mushrooming," observed the judge.
No comments:
Post a Comment