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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.)

India working on logistics of Tahawwur Rana's extradition

  • PTI
  • Feb 14, 2025
  • 3 min read

Updated: Feb 18, 2025

Tahawwur Rana

Washington: India is working on the logistics of Tahawwur Rana's surrender and extradition from the US, Foreign Secretary Vikram Misri has said, as President Donald Trump announced that his administration has given the go-ahead to extradite the 26/11 terror attack accused “to face justice".

“This is an issue on which the US authorities have taken very clear decisions. I think you've seen the President announce it himself from the White House podium" the decision of the US to extradite Rana, Misri said at a press conference here on Thursday.


During a joint press conference with Prime Minister Narendra Modi in the White House, US President Donald Trump announced that his administration has approved the extradition of "very evil" Tahawwur Rana, wanted by Indian law enforcement agencies for his role in the 26/11 Mumbai terror attacks, "to face justice in India”.


In response to a question by PTI on the timeframe by when Rana will be extradited to India, Misri said: "We are working on the logistics of his surrender and extradition to India. There are a few final steps to be completed. The two sides are in touch on this particular issue.”


The India-US joint statement issued during the Prime Minister's visit to the US notes that Modi and Trump reaffirmed that the global scourge of terrorism must be fought and terrorist safe havens eliminated from every corner of the world.

“They committed to strengthen cooperation against terrorist threats from groups, including Al-Qaeda, ISIS, Jaish-e Mohammad, and Lashkar-e-Tayyiba in order to prevent heinous acts like the attacks in Mumbai on 26/11 and the Abbey Gate bombing in Afghanistan on August 26, 2021," the joint statement said.


“Recognising a shared desire to bring to justice those who would harm our citizens, the US announced that the extradition to India of Tahawwur Rana has been approved," it said.


The leaders further called on Pakistan to expeditiously bring to justice the perpetrators of the 26/11 Mumbai, and Pathankot attacks and ensure that its territory is not used to carry out cross-border terrorist attacks.

"The leaders also pledged to work together to prevent the proliferation of weapons of mass destruction and their delivery systems and to deny access to such weapons by terrorists and non-state actors,” the joint statement added.

Rana, a Canadian national of Pakistani origin, is currently lodged at a metropolitan detention centre in Los Angeles. He is known to be associated with Pakistani-American terrorist David Coleman Headley, one of the main conspirators of the 26/11 attacks.

Speaking at the joint press meet, Trump said "Today I am pleased to announce that my administration has approved the extradition of one of the plotters and very evil people of the world, and having to do with the horrific Mumbai terrorist attack, to face justice in India. So, he is going back to India to face justice."


The extradition of Rana was cleared by the US Supreme Court in January as it rejected his review petition in the case.


India last month said it was working with American authorities for the early extradition of Rana.


"The US Supreme Court on January 21 declined to hear a petition from the accused. We are now working with the US side on procedural issues for early extradition to India of the accused in the Mumbai terror attack," External Affairs Ministry spokesperson Randhir Jaiswal had said.


In November 2012, Ajmal Amir Kasab, the lone surviving gunman among the Pakistani group, was hanged to death in Yerawada Jail in Pune.

-PTI

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