top of page

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.)

Dream coming true for Sarfaraz, long way to go

Updated: Oct 21, 2024

Dream coming true for Sarfaraz, long way to go

Sarfaraz Khan will celebrate his 27th birthday October 22. He has given himself and his Abbu a gift in advance by scoring his maiden Test ton on the hallowed turf of KSCAs Chinnaswamyu Stadium, Bengaluru.

Sarfaraz a school cricket prodigy from Mumbai has fulfilled dream of scoring a Test Century that too a big one of 150.


Sarfaraz Khan, Pruthvi Shaw and Aarmaan Jaffer (nephew of Test star Wasim Jaffer ) were rated very highly from their schooldays. The days of Harris and Giles Shield Cricket Tournament. Local as well as national newspapers were always carrying their news with photo on the sports pages. Sarfaraz Khan was lucky enough to play in two world cups (2014 and 2019).


Pruthvi Shaw got selected to play for Mumbai as well as India. Not only that he scored a century for India on his Test debut whereas Sarfraz had to wait for pretty long time to make his India debut.


Sarfaraz’s career has many ups and downs. He faced disciplinary action from Mumbai Cricket Association from his junior age group level cricket days. He got an IPL contract at young age. RCB picked him up and he showed promise by hitting 45 off just 21 balls against Rajasthan Royals but he flattered to deceive.


He was retained by RCB who had big Super Stars like Virat Kohli, AB Devilliers, Chris Gayle. Then his career took a jolt. He left Mumbai and went to play for UP which was a turning point in his career. After two futile years in UP Sarfaraz’s father Naushad Khan thought it was enough and he returned to Mumbai.


Coming back to Mumbai was a key moment in Sarfaraz’s Career. He scored heavily for Mumbai crossing 900 + mark twice in a row and it ultimately paved the way for his India debut after a long wait.


Sarfaraz made his Test debut against England at Saurashtra Cricket Association Stadium, Rajkot. Former India Skipper Anil Kumble handed him India Cap and Sarfaraz played breezy knock of 62 and won the hearts of his many supporters.


Naushad was happy to see his son earning India Cap and scoring brilliant breezy knock. He played three Tests against England earlier this year. Now, against New Zealand Sarfaraz fulfilled his earlier promise of scoring a century at his favourite ground of his first IPL teams.


Sarfaraz has potential to score runs not only in domestic cricket but at an international level too. He showed his class in Bengaluru. His cover driven four had the stamp of authority. On damp Chinnaswamy outfield Sarfaraz has made imprint. With the Down Under trip round the corner the cricket loving fraternity expecting runs by tons in International Cricket.

Comments

bottom of page