By:

C.S. Krishnamurthy

21 June 2025 at 2:15:51 pm

Parents Before Property

The Bombay High Court’s recent decision upholding the cancellation of a gift deed executed by elderly parents in favour of their son is more than a legal victory. It is a timely reminder that parenthood cannot be reduced to a property transaction. By affirming that parents may revoke a property transfer when children fail to honour their obligation of care and support, the Court has reinforced a principle that is both legal and moral. The verdict in the Ashwin Ramesh Soni v. Ramesh Bachaulal...

min read

The Bombay High Court’s recent decision upholding the cancellation of a gift deed executed by elderly parents in favour of their son is more than a legal victory. It is a timely reminder that parenthood cannot be reduced to a property transaction. By affirming that parents may revoke a property transfer when children fail to honour their obligation of care and support, the Court has reinforced a principle that is both legal and moral. The verdict in the Ashwin Ramesh Soni v. Ramesh Bachaulal Soni & Ors., reinforces the objective of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Court recognised that when parents transfer property with the legitimate expectation of being cared for, and that expectation is wilfully defeated, the law can restore justice. A gift founded on trust cannot survive when that trust is fundamentally breached. The judgement raises uncomfortable questions. What does it say about society when ageing parents must seek justice against their own children? Why should those who devoted a lifetime to raising families spend their twilight years proving that they deserve dignity? Have we begun to mistake inheritance for entitlement and affection for convenience? Changing Times These are not merely legal questions. They reflect the changing character of Indian families. India takes pride in its tradition of strong family bonds. Close-knit families, cherished traditions and an enduring culture of honouring parents have long defined our collective identity. Such images have long symbolised the country’s cultural strength. But growing reports of elder abuse present a sobering reality. Many parents experience neglect, emotional humiliation or isolation within homes they built. Some are confined to a single room after transferring property. Others are abandoned altogether. The emotional trauma often outweighs the financial loss. The ruling recognises what may be called an unwritten family contract. Parents spend decades sacrificing personal comforts to educate children, fund their ambitions, conduct weddings and build family assets. In return, they expect not luxury but companionship, care, respect and emotional security. By acknowledging that certain family transactions rest on mutual trust rather than legal formalities alone, the Court has reaffirmed that the law will protect vulnerable senior citizens when that trust is exploited. Reports frequently describe retired parents evicted from homes gifted to children, widowed mothers fighting prolonged legal battles for shelter, and elderly couples seeking police protection against their own offspring. Many such cases remain hidden because families fear social stigma more than personal suffering. Family Trust The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was enacted precisely because traditional family safeguards were proving inadequate. Section 23 empowers authorities to declare property transfers void when they are made on the understanding that the recipient will provide for the transferor's basic needs, but subsequently fails to do so. The verdict has given practical meaning to this safeguard by making it clear that the law will not remain a silent spectator when trust is betrayed. Some critics argue that legal intervention weakens family relationships. The opposite is true. Good laws exist not because every family fails but because some do. Just as traffic laws protect responsible drivers from reckless ones, laws safeguarding parents protect families from exploitation without diminishing genuine affection. But society also has responsibilities. Financial advisers should caution senior citizens against transferring valuable assets prematurely. In many situations, a well-drafted will offers greater protection than an outright gift deed. Where property is transferred during one's lifetime, expectations regarding care and maintenance should be clearly documented to minimise future disputes. Children should remember that caring for ageing parents is not charity. It is gratitude expressed through everyday actions. I recall meeting an elderly gentleman at a bank several years ago. He proudly showed me documents transferring his house to his only son and remarked with complete confidence, “Now I have no worries. My son will take care of everything.” His face reflected absolute trust. Thankfully, countless children justify such trust every day. But when that faith is broken, the emotional consequences can be devastating. Indian culture has long viewed caring for parents as a privilege, not a burden. Honouring parents goes beyond living together. A caring phone call, a visit during illness, financial support or shared moments can bring comfort, dignity and belonging. Loneliness often wounds seniors more deeply than disease. When parents must approach courts for protection from their own children, it is time for society to introspect. (The writer is a retired banker and author. He can be reached at krs1957@hotmail.com. Views personal.)

All eyes on your gold now

Quaid Najmi
May 11
4 min read

Mumbai: As Prime Minister Narendra Modi called upon citizens to embrace austerity and voluntarily refrain from purchasing gold for at least a year, a nationwide furor erupted over India’s deep emotional, cultural and economic relationship with the precious, glittering yellow metal.

The PM’s innocuous appeal for frugality quickly snowballed into a larger debate on the staggering quantity of gold lying idle in Indian households, estimated at over 35,000 tonnes.

The PM’s remarks rattled all – from the households to the stock and jewellery markets, coming at a particularly sensitive juncture - the peak summer wedding season, when gold purchases traditionally surge across the country.

While cautiously backing the larger national interests, industry leaders also sounded alarm bells over the possible economic fallout for millions dependent on the trade.

Indian Bullion & Jewellery Association (IBJA) national spokesperson Kumar Jain said the PM’s statement had struck at the very heart of Indian social and cultural traditions.

“Indians treasure their gold. It is more than an ornament or investment, spells a security handed down through generations in families. Official estimates suggest more than 35,000 tonnes of gold and jewellery are lying in homes and bank lockers in India,” Jain said.

However, he warned clearly that any abrupt decline in gold demand could severely hit the livelihoods of nearly three-crore workers, designers and artisans, employed in the sprawling jewellery ecosystem of large showrooms to tiny family-run businesses.

“In Mumbai alone, nearly 55 to 60 lakh workers depend directly or indirectly on the jewellery trade. If people suddenly stop buying gold, the impact on employment may be devastating,” Jain told ‘The Perfect Voice’.

Wide Speculation

The timing of the appeal triggered speculation over the state of the economy and India’s foreign exchange reserves. India imports nearly 700-800 tonnes of gold annually, exerting constant pressure on the Current Account Deficit (CAD). With gold prices soaring to nearly Rs 1.50 lakh per 10 grams, the yellow metal has already slipped beyond the reach of most ordinary Indians.

Nevertheless, several trade bodies nodded and even proposed an alternative route: monetising the massive dormant gold stockpile already available in homes of Indians.

Gem & Jewellery Export Promotion Council (GJEPC) Chairman Kirit Bhansali said the industry understood the compulsions behind the appeal given the volatile global economic climate.

“We fully respect the government’s concerns and the larger national interest. The industry has survived difficult periods in the past - from the Gold Control Act to the 80:20 import rule - and adapted successfully. We will work with all stakeholders to arrive at practical and balanced solutions,” Bhansali assured.

Household Gold

The All India Gem & Jewellery Domestic Council (GJC) went a step further, advocating an overhaul of the Gold Monetisation Scheme (GMS) to channel idle household gold into the formal economy.

GJC Chairman Rajesh Rokde said India’s economic strength must take precedence over consumer sentiment, particularly amid mounting import bills and pressure on forex reserves.

“India is already sitting on thousands of tonnes of unused gold. The answer may not lie only in curbing demand, but in unlocking the value of existing reserves through a transparent, regulated and jeweller-integrated GMS,” Rokde argued.

He said a robust GMS could reduce dependence on imports, improve transparency, formalise the sector and convert dormant wealth into productive national capital.

Echoing similar views, GJC Vice-Chairman Avinash Gupta said idle gold locked away in homes and lockers represented “dead capital” at a time when India urgently needed to strengthen its financial ecosystem.

However, outside the organised industry, the PM’s comments fuelled unease and sharp speculation. Pune-based businessman and RTI activist Prafful Sarda bluntly claimed the appeal could be a precursor to harsher measures ahead.

“It sounds like a danger sign of something more serious - possibly steep hikes in petrol, diesel and cooking gas prices, or even future attempts to regulate the enormous quantities of gold lying in temples and households,” Sarda told ‘The Perfect Voice’.

For millions of Indians, gold represents emotional attachments, insurance during emergencies, a social necessity during marriages, and a most fiercely held household savings for the middle-classes or rural homes. The PM’s plea also led to loud hiccups in the stock markets – the share prices of prominent listed gold companies fell between 8-11 pc today.

Opposition slams PM's austerity appeal

The Opposition on Monday hit out at Prime Minister Narendra Modi's appeal for public austerity amid the West Asia conflict, labelling it a "policy failure" and accusing the government of weakening the economy.

While Shiv Sena (UBT) leader Priyanka Chaturvedi alleged that the austerity measures were a result of election-focused governance, the NCP (SP) said that the BJP should "lead by example" before asking the public to curtail consumption and travel.

State Congress president Harshwardhan Sapkal alleged that the prime minister was preoccupied with "events, photoshoots and campaign rallies" while ordinary citizens were bearing the burden of hardship.

He accused the Modi government of weakening the economy in its pursuit of electoral victories, and now asking citizens to make sacrifices by reducing consumption of petrol and diesel, fertiliser and edible oil.

While other countries were preparing for possible global crises, the BJP was focused on elections, advertisements and "politics of hatred", he stated.

Referring to the COVID-19 pandemic, Sapkal alleged that the government had prioritised symbolic programmes even as people died due to shortages of oxygen.

He claimed that every ordinary citizen was now paying the price for what he described as the prime minister's negligence, arrogant governance and publicity-driven politics.

Shiv Sena UBT's Priyanka Chaturvedi termed the PM's appeal a "policy failure" of the Union government.

NCP (SP) national spokesperson Clyde Crasto said that the BJP should follow PM Modi's appeals before preaching to citizens.

In a statement, Crasto questioned whether the BJP governments and leaders would now prioritise work from home, reduce fuel consumption by cutting down on large convoys and using public transport, adopt "swadeshi" by giving up foreign-branded products, and refrain from foreign travel for a year.