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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.)

Kiwis Setting Trend

Kiwis Setting Trend

Tom Latham followed in the footsteps of Graham Dowling and John Wright, the two successful New Zealand Skippers to win a Test Match on Indian Soil. What is unique about Latham’s team victory is they have made a winning start in the series in the nearly seven decades test battle between the two teams. Dowling and Wright won the tests after losing the opening test of the series.


With Tim Southee giving up test captaincy after a whitewash (2-0) on Emerald Islands tour Tom Latham was forced to take over the reins of teams as Ken Williamson is still indisposed. He is likely to join the Kiwi squad just before the Pune test match to be played from October 24. This young and talented bunch of Kiwis performed exceptionally well and jolted Rohit Sharma’s team by bundling them out for paltry 46 runs on day one in the pre-lunch session in mere 31.2 overs.


It is the new low for Indian cricket team on home turf. (Lowest total in Asia). What a fall for Australia bound Indian team! It was the folly of skipper Rohit Sharma who after winning the toss decided to bat first and within no time the Big Brothers collapsed like house of cards. Five out of top seven batters failed to open their accounts.


Opener Yashsvi Jaiswal and wicket keeper batsman Rishabh Pant, both southpaws, entered the double figures (13 and 20 respectively). Others just caved in front of accurate seam, swing bowling of Matt Henry and UK born tall gangling speedster William O’Rourke. They exploited conditions and variance in weather conditions at Bengaluru (more like Birmingham ) after veteran Tim Southee castled Indian opener Rohit Sharma. It was beauty of a delivery with Rohit beaten all ends up.


Then it was a mere roll call for over rated Indian batting line up. Matt Henry who completed the century of wickets in tests was delighted at the atmosphere on Day 2 of the series opener after entire first day’s play was washed out.


Kiwi pacers never expected these conditions in India. They got assistance from weather conditions. Henry’s figures of 13.2-3-15-5 may look flattering on paper but Indian stalwarts had to face the music and Kiwis being talented bunch of fielders Indians had their cup full of woes.


Nothing went right for Rohit’s team after a false start or meek surrender and Kiwi batters Devon Conway (91) the Indian origin Wellington born tall curly topper Rachin Ravindra smashing red cherry to all corners of Chinnaswamy Stadium. The cricket crazy crowd was silently applauding the Kannada boy’s shots in silence. Rachin scored a century at home away. His father being a Banglorian went to Maori land but the generation next lad making hay at KSCA Chinnaswamy stadium his ‘Home Turf.


After conceding lead of 356 runs top five batters played well specially two young turks, Sarfaraz Khan and Southpaw Rishabh Pant. Sarfaraz scored his maiden test ton in his 6th test innings. He scored 150 runs with three sixers and 18 fours. Rishabh missed his ton by a solitary run. Second New ball brought swift end to India innings.


Kiwis requiring 107 runs for victory achieved the target with loss of two wickets Captain Latham failed to open his account as Bhumrah removed him quickly. Conway was consumed by Bhumrah but star player Rachin Ravindra reaped rich reward by remaining unbeaten to mark Kiwis’ victory by eight wickets and giving his team 1-0 lead in the test series for the first time ever.


Is this the trend of shape of things to come. Keeping my fingers crossed.

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