Ill-Treatment of the Elderly Entitles Them to Take Their Property Back

Must Read

India’s International ‘Retrospective Taxation’ Regime Vis-a-Vis PCA Rulings in Vodafone and Cairn in 2020

The imposition of retrospective taxation of foreign companies doing business in India has been at the helm of controversy...

What is the Real Estate (Regulation and Development) Act, 2016?

The Real Estate (Regulation and Development) Act, 2016 (“RERA”) is an Act of the Parliament. It seeks to protect...

Should the Exorbitant Amounts Charged for RT-PCR Tests be Refunded?

Introduction A plea has been filed in the Honourable Supreme Court of India seeking a refund of exorbitant amounts charged...

Should CCTV’s be Installed in the Police Station?

Introduction In a recent judgment, the bench led by Justice Nariman issued directions to both the state and Union Territory...

A Legal Analysis of the West Bengal Political Crisis on IPS Deputation

The Ministry of Home Affairs (MHA) has recently summoned three IPS officers of West Bengal (WB). The decision was...

Explained: Postal Ballot for NRIs

At the end of November 2020, Election Commission sent a proposal to the law ministry to amend the Representation...

Follow us

Elders are the backbone of the family, from where the life originates. Bombay High Court recently came up with a judgement in favour of elders and old age persons in the family. It ensured the greedy children do not ill-treat them after getting the share in the ancestral property. The Division bench of Justice Ranjit More and Anuja Prabhudesai in the Bombay High Court upheld the decision of the tribunal under maintenance of senior citizen to withdraw the gift deed to the son along with 50% share in the flat.

This piece of research brings light upon the judicial approach of the rights of senior citizens under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Problems faced by old age people 

  1. Economically unstable, income deficiency;
  2. Physical and physiological health problems, medical and nutrition deficiency;  
  3. The difficulty in the settlement in a new environment and adjusting with it.

All these problems are internationally concerned and debated. United Nation General Assembly in 1991 adopted 18 new principles, in the clusters of five. They are named as independence, participation, care, self-fulfilment and dignity of the older person. All these principles serve the framework for action on ageing. 

Indian Laws and Judicial Approach 

In self-fulfilment and the old age, people are always seen with respect and their dignity is protected under many laws and legislations.

Constitution of India

There are provisions covered under DPSP of the constitution of India. Although Article 37 of directive principles are not enforceable by any court of law, it is the state’s responsibility to ensure the applicability of the same. The article included under DPSP is Article 41 and Article 47 of the Constitution of India.

Legal protection under Personal laws

Before the Hindu Adoption and Maintenance Act, 1956, there were no specific laws to provide maintenance to elder parents or widows of the deceased property holder. 

But, the privy council has considered this issue and gave the judgement in Narayanarao Ramachandra Pant v. Ramabai that, it is the right of the elder/ old aged widow to get the maintenance and share in her husband’s property.

Later, Adoption and Maintenance Act, 1956 was passed. It was mentioned in Sec 20 (1) that, son and daughter must maintain their old age parents in Hindu families. Along with this, parents are entitled to get the maintenance from their children if they are not capable of maintaining themselves.

In the case K.M Adam v Gopalkrishan, the Supreme Court clarified more on this law by giving judgement that if the child is Hindu, then the parents (both mother and father) can claim the maintenance irrespective of their religions. The drawback of this Act is that it is only applicable to Hindus.

Muslim Law

Mulla, a profound writer on this subject matter, says that maintaining the old age parents is the duty of their children in any circumstances, irrespective of the poor financial condition or whether the parents are earning or not. Similarly Tyabji, also a writer, says that children and grandchildren have an obligation to maintain their parents and grandparent even if they are capable of earning their livelihood.

There are no provisions to get maintenance under Parsi and Christian personal laws. But they can claim the maintenance under Sec 125 Criminal Procedure Code, 1973.

Government protections 

On Jan 1993 the government of India had approved the National policy of older persons so that that accurate welfare measures can be taken. It would be beneficial to empower the old age people. 

Major steps

  1. Ensuring financial security by setting up pension facilities.
  2. Construction of old age homes and daycare centres.
  3. 30% concession in train and 50% concession in Indian Airlines for interstate travel.
  4. Ensure to establish geriatric care in all public hospitals.
  5. Under Sec 88B and 88D of the Income Tax Act, there is a special discount for elder and old age persons.
  6. Create awareness and Sensitise school children to take care of elders.
  7. LIC schemes which provide several benefits.
  8. Government policy also promotes the settlement though pension, Provident funds and gratuity to save the hardship of the person.

Conclusions 

This article critically analyses the relevant laws and types of complaints lodged by elderly parents at Maintenance tribunal. The type of intergenerational disputes and also the method they’re handled by the tribunals highlights law’s inability to imagine a world of wants with the economical wants of survival. Despite a couple of positive measures, the law presently falls wanting deciphering the social ‘needs’ of belongingness, holding authority and a footing of importance within the family, a collection of wants that usually stay unspoken and area unit thus forgotten by the law’s agent.


 

Libertatem.in is now on Telegram. Follow us for regular legal updates and judgments from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe to our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Calcutta High Court Rejects the Petition Challenging the Bid’s Rejection Filed on Seeking Condonation of Delay Due to Pandemic Interventions in Absence of Satisfactory...

Case: Shiba Prosad Banerjee vs The State of West Bengal and others The Hon’ble Justice Sabyasachi Bhattacharyya of Calcutta High Court on 22nd January...

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by the Petitioners (wife) challenging the...

Calcutta High Court: Deceased’s Wife Has the Sole Right Over His Preserved Sperm; Father Doesn’t Have Any Fundamental Right Over Son’s Progeny Without the...

Case: Asok Kumar Chatterjee vs. The Union of India & Ors. The Calcutta High Court dismissed the petition by the Petitioner (father) on 19th...

Gujarat High Court Allows a Family Suit to Be Transferred From Family Court, Surat to the Family Court, Bhavnagar

The Court directed that in light of the circumstances of the present case, the application of the applicant- wife to transfer the case from...

Telangana HC Grants Two Days to Convey the Decision of Appropriate Notification and Counselling to the Higher Secondary Department

Excerpt In Telangana Republican Party Trp vs The State Of Telangana, on 18 January 2021, Telangana High Court directed the Higher Education Department for passing...

Telangana HC: Applications Have to Be Made Through Online Web Portal “Dharani” for Mutation of Names

Excerpt In P. Manohar Reddy vs The State Of Telangana And 3 Others, on 18 January 2021, Telangana High Court directed that one has to...

Indonesian Spa Therapist Approaches Supreme Court Regarding Illegal Detention Followed by Raid at the Spa

An Indonesian spa therapist has moved to Supreme Court, whilst challenging an HC order which provided relief to the police inspector who was involved in the illegal detention of the spa therapist in a woman’s home which was followed by a police raid at the spa.

Questions of Forgery, Tampering Not Capable of Summary Adjudication Under Article 226 in Delhi High Court’s Jee Marks Case

Questions of fraud, forgery, and tampering require elaborate evidence as per the ruling of the Delhi High Court making it incapable of summary adjudication...

Supreme Court: Urgent and Immediate Reforms Needed in the Legal Education Due To Mushrooming of Law Schools

The Supreme Court, on Saturday, said that there is an urgent need for reforming the legal education in the country as its quality is being affected due to the ‘mushrooming’ of Law Colleges.

Delhi High Court Ruled Disclosure of Interest in Information Sought Under Rti Act Necessary to Establish Bonafides of Applicant

The Delhi HC opined that disclosure of the interest of information is necessary for the information sought under the RTI Act for establishing bonafide...

More Articles Like This

- Advertisement -