Parents can reclaim property if children fail to provide promised care, rules High Court
«Parents can unilaterally cancel the settlement deed if there is just a mention that it is being given to them out of love and affection,» said Justice S M Subramaniam.
Justice S M Subramaniam, in delivering the verdict, emphasized that parents have the right to unilaterally cancel a settlement deed if it is explicitly stated that the property is being transferred out of love and affection for their children. According to Justice S M Subramaniam, the mere mention of executing the deed out of love and affection and for the benefit of the children satisfies the requirements under The Maintenance and Welfare of Parents and Senior Citizens Act.
The judge further clarified, «Love and affection being the consideration for the execution of a gift or settlement deed, it becomes a deeming consideration, and any violation is a ground to invoke the act.
Thus, there is no infirmity in respect of the order passed by the sub-registrar.»
«The entire purpose and object of the Act is to consider human conduct towards them. When human conduct is indifferent towards senior citizens and their security and dignity are not protected, then the provisions of the act are to be pressed into service...» Justice Subramaniam observed.
This significant legal precedent was established while affirming an order issued by a Tiruppur sub-registrar that canceled a settlement deed executed by Shakira Begum in favor of her son, Mohamed Dayan.
