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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.)

Heritage Rekindled

This year’s Diwali marks a landmark moment for Ayodhya. On this Diwali, Ayodhya glowed not just with the warmth of tradition but with a profound sense of fulfilment as over 2.5 million diyas lit up the banks of the Saryu, entering the Guinness World Records in the first ‘Deepotsav’ since the consecration of the long-awaited Ram Temple. Uttar Pradesh Chief Minister Yogi Adityanath’s ceremonial lighting of the first lamps, the laser and drone shows bringing scenes from the Ramayana to life, and cultural showcases from across Asia made the event an awe-inspiring fusion of history, faith and nationalism.


Yet, this Diwali celebration in Ayodhya is more than a grand event; it symbolizes a 500-year wait and struggle, one that tested the resilience of millions who held fast to their beliefs despite decades of legal and ideological hurdles. Amid all the bitter legal and communal wrangling since the demolition of the Bari Mosque in 1992, the historical evidence, from as early as the 16th century, indubitably points to Hindu devotion at the site where generations gathered with unwavering faith even when the Babri Masjid had stood in place of a temple. Notably, historians like Meenakshi Jain and archaeologist K.K. Muhammad have documented the sacred significance of the site to Hindus over the centuries, countering narratives that aimed to dilute the importance of the Ram Janmabhoomi.


As legal battles raged on, the case became entangled in a web of political, ideological, and scholarly contentions.


Leftist scholars in India and their counterparts in the West have sought to reframe the temple’s significance, even proposing the provocative thesis that temple destruction was a widespread “established practice” among pre-Turkic Hindus themselves. This narrative, which has drawn both criticism and controversy, has done little to weaken the Hindu resolve. Rather, it only sharpened the symbolic struggle for Ram’s birthplace — a struggle that transcended legal battles and reached into the hearts of millions.


This year, Diwali at Ayodhya reverberates not only as a religious festival but as a victory against a backdrop of scepticism and suppression. Prime Minister Modi spoke to the historical importance of this moment, celebrating it as a homecoming not after 14 years of exile, as in the Ramayana, but after five centuries of waiting. For Ayodhya, this Diwali represents an arrival, not just of Lord Ram to his home but of a powerful vindication of faith long delayed. As the diyas flicker in the evening breeze, they reflect the hopes and aspirations of a community that has long yearned for recognition and reverence.


Ayodhya’s glow this year is a testament to the perseverance of a people who fought not for power or political advantage, but for recognition of a heritage they refused to let slip into obscurity. In their eyes, this Diwali symbolizes not merely the lighting of lamps but the long-awaited dawn after a historical darkness.

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