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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...

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 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.)

Daddy Wears a Red Cap

This month has been overwhelming. The outer chaos is seeping deep into my mind, with too many thoughts rushing in.


On the 13th of this month, when we all were thick in the influence of Operation Sindoor, yet another modern-day war strategy unfolded a few thousand miles away from us. Israel executed a covert operation in Iran, killing 11 senior nuclear scientists simultaneously using a secret weapon while the scientists were asleep in their abodes. That same day, Israel had eliminated 30 Iranian Military Chiefs in a single strike. During the 12-day war, Israel destroyed Iran’s communications centre, air bases, missile manufacturing facilities, and nuclear sites concealed deep within the mountains. Over the past 20 months, they have weakened Iran’s proxies - Hamas from Gaza, the Houthis of Yemen, and Hezbollah in Lebanon. While fending off attacks from Iran's ‘Triangle of Hostility’, they suddenly struck Iran’s critical infrastructure. It is like thrashing the head of an Octopus and chopping off its tentacles at the same time. (Yes! Those words are harsh as the war is brutal.)


Iran’s key infrastructure was damaged, military leadership was eliminated, and their nuclear programme became brain-dead. Their key supremo, Khamenei, went missing. When regime change appears imminent, Daddy says, “No! I don’t want it.”


As I write this, I remember the battered face of Mahsa Amini, killed for removing her hijab in public and all those women tortured and executed for demanding basic rights. The regime of Iran didn't just traumatize women; it stole innocence from youth, nurtured terrorism and spread terror abroad. My heart aches for the children trapped in the brutal world of terrorism. They could have a family life, the opportunity to gain wisdom and shape a beautiful tomorrow. Instead, they are made to carry guns, wear bombs, and hide in the dark till their supremo calls upon them to commit unspeakable acts.


While Arab monarchies invest trillions into socio-economic reforms to gain foreign cooperation, promote smart governance and develop their region, Iran’s clergy regime cultivates militias to impose their old beliefs and control the Arab world and beyond. Over decades, the Iranian regime cultivated IRGC and proxy forces in bordering regions, which the mighty Arabs declared terrorists but could not completely dismantle.


Iran had grown stronger. Despite facing isolation from the Arab world, the West-imposed economic sanctions, a U.N. arms embargo, the relentless surveillance, and covert operations by the world’s top spy agencies, Iran managed to build nearly a dozen nuclear sites and underground missile cities across its territory. With China’s support, Iran developed a domestic source of nuke-grade uranium. During the last 20 months, when Israel fought Iran’s proxies, Iran produced highly concentrated uranium, sufficient to make 10 nuclear bombs within a week. In other words, Israel was just a week away from annihilation, and the rest of the world was on the verge of silent submission to tyranny.


A strong and powerful Israel is not a threat to the Gulf but a nuclear-armed Iran is.


Operation Midnight Hammer destroyed Iran’s key nuclear facilities. But Daddy, this too could have been “catastrophic”, surely worse than the 4-day Operation by India against the terrorist land and way far worse than a regime-change chaos in Iran.


Some news reports claim that the Midnight Hammer did not strike hard enough, though Daddy described it as 'total obliteration' of the Iranian nuclear program. He unapologetically compared the Operation to the US nuke bombing of Hiroshima and Nagasaki! Daddy is a Nobel Peace Prize aspirant.


Mossad says that the Iranian threat has been significantly neutralised. And so, I believe the Israel-US strikes were a great success. The strikes must have pushed uranium reserves back into the quarry land. But, if those stockpiles were relocated beforehand, then I would say, "Iran has its yellowcake but cannot use it soon."


Yes, Daddy did what no one else dared to do. But don’t get it wrong. It is not for Israel; Daddy has a trillion-dollar US-Arab deal to guard! Don’t forget, Daddy wears a red cap!


When US Secretary Marco Rubio was questioned about the military situation in the wake of the US bombing of Iran, he stated unequivocally, “They are completely vulnerable. They don’t control their own airspace. They can’t protect their own airspace. They can’t even protect their own leaders. So I think it would be a big mistake if they did anything against us. ” This is not just about Iran. It is a harsh reality of much of the world, from Europe to the Middle East, from Oil rich to poor, from NATO to …


In that same interview, the US Secretary bluntly said: “The only reason we have an air base in Qatar, in UAE, in Saudi Arabia is because they are afraid that Iran will attack them, and they want us there to help defend them and so if Iran wasn’t a threat, we wouldn’t need those bases there.”


The US will not demand Iranian proxies to drop their weapons or the IRGC to surrender as long as they are at loggerheads with its biggest adversaries, Al-Qaeda and ISIS. The US will not hunt down Khamenei. It wants the Boogeyman to exist, so it continues to present itself as the saviour of the region and reap the riches.


They once killed Iran’s infant democracy and established a pro-Western regime to grab Iran’s oil stake. But when their preferred regime was overthrown, they watched silently, and the new strategy unfolded. Daddy knows this old game. He has no desire to be “Vishwaguru”. He is the 45th - 47th President of the United States. He wears a red cap and sways.


Former US Secretary and political scientist Henry Kissinger once said: "To be an enemy of the US is dangerous, but to be a friend is fatal."


(The writer is a foreign affairs expert.)

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