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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.)

Pawars are losing the Pune plot

Municipal elections expose the identity crisis within both factions of the Nationalist Congress Party

Pune: Local elections are often treated as administrative skirmishes. But in Pune, they have become something akin to a philosophical debate about loyalty and legitimacy, ideology and expediency, and whether political parties can survive repeated acts of self-contradiction. The week-long turmoil surrounding the city’s municipal polls has laid bare the Nationalist Congress Party’s deepest malaise: a party split not merely by factions, but by incompatible ideas of what it stands for.


At the heart of the drama lie the two NCPs led respectively by Sharad Pawar, the patriarch who once gave the party its ideological spine, and the other by his nephew Ajit Pawar, now Deputy Chief Minister in the BJP-led Mahayuti. When the election schedule was announced, many that each faction would fight separately, and the Bharatiya Janata Party would keep its distance.


Instead, the BJP made clear it would not ally with Ajit Pawar’s NCP faction for the Pune civic polls. That refusal set off a chain reaction. A section within Sharad Pawar’s faction began exploring a local alliance with Ajit Pawar’s group, arguing insistently that municipal elections were about pragmatism and not ideological purity. The proposed move has startled even seasoned observers. More surprising still was the apparent openness of Supriya Sule, Sharad Pawar’s daughter and the party’s most prominent national face, to facilitating talks between the two sides.


What followed was not just a tactical disagreement but a revolt of principle. Prashant Jagtap, the NCP’s Pune city president, publicly challenged the idea of any alliance with Ajit Pawar’s faction. His reasoning was that he had fought both the Lok Sabha and Assembly elections on an explicit anti-BJP plank. To now partner with a group that formed part of the BJP government, he argued, would amount to a betrayal of voters.


Talking Point

Jagtap’s defiance quickly became a state-wide talking point. At 47, a former mayor and a policy-minded local leader with a reputation for mastering civic minutiae, he was hardly an insurgent outsider. Yet by questioning Sharad Pawar’s tactical instincts while remaining within the party, he punctured the aura of unquestioned authority that has long surrounded the Pawar name. Even more awkwardly, BJP leaders maintained an almost studied silence as one of their allies flirted with Sharad Pawar’s camp, highlighting the convenience that define coalition politics in Maharashtra.


Supriya Sule attempted damage control, stepping in to mollify Jagtap and to still the speculation about a grand NCP reunion, however temporary. It did not work as Jagtap refused to retreat and soon took a more decisive step by crossing over to the Congress.


His exit was an indictment on the nature of the breathtaking contortions that have come to define to Maharashtra’s politics in recent times. In Pune, many saw it as the migration of credibility from a party mired in equivocation to one desperate for organisational revival. Congress leaders privately admitted that Jagtap’s arrival was a windfall: a grounded urban politician with local appeal at a time when the party struggles to find both. For residents weary of endless factional manoeuvres, his stand seemed refreshingly legible.


Meanwhile, the much-discussed talks between the two NCP factions quietly collapsed. By Saturday evening, it was clear that the Sharadchandra Pawar-led NCP would contest the municipal elections as part of the Maha Vikas Aghadi, alongside Congress and the Shiv Sena (UBT). The attempted rapprochement had yielded only confusion, bruised authority and one prominent defection.


The episode has also cast a shadow over the BJP. In Pune, whispers are growing that dynastic considerations may dominate its candidate selection, potentially provoking internal dissent. The party’s aggressive induction of new entrants, often from rival camps, has generated unease among long-time workers who fear being sidelined.


For the NCP, however, the implications are more existential. Once conceived as a party that blended Maratha pragmatism with a secular, reformist outlook, it now risks becoming a vessel defined solely by surnames and split loyalties. The Pune episode suggests that local leaders and voters alike are increasingly impatient with ambiguity masquerading as strategy.


Municipal elections rarely rewrite political history. But they do reveal fault lines. In Pune, they have exposed a party struggling to reconcile legacy with coherence and a city electorate alert to the difference. 

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