Madras High Court Upholds Elderly Rights in Landmark Property Transfer Case
The court ruled that senior citizens can annul property transfers if care obligations are unmet, even when such conditions are implied rather than explicit.
- The Madras High Court upheld the annulment of a property settlement deed executed by 87-year-old S Nagalakshmi in favor of her son and daughter-in-law after they failed to care for her.
- The ruling affirms that Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 allows for annulment of property transfers based on implied expectations of care.
- The court emphasized that property transfers motivated by love and affection inherently carry an expectation of care, even if not explicitly stated in legal documents.
- The case highlights the legislative intent of the Senior Citizens Act to protect elderly individuals from neglect after transferring assets to family members.
- This decision reinforces the legal protections available to senior citizens, empowering them to seek redress when familial care obligations are disregarded.
Hindustan Times 
Free Press Journal 