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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.)

Power Player Faces a Crucial Test

Updated: Nov 7, 2024

Devendra Fadnavis

When the story of Maharashtra’s political landscape is written, one name besides Sharad Pawar that will be prominently featured is Devendra Fadnavis.


Known as “Deva Bhau” among his supporters in Nagpur and across Maharashtra, Fadnavis remains a figure of both admiration and criticism. As Chief Minister from 2014 to 2019, he became one of the most beloved leaders, yet in the years since, particularly on social media, he has drawn significant backlash.


Comparisons with political veteran Sharad Pawar are inevitable, but Fadnavis stands out as Maharashtra’s only Chief Minister in recent history to have served a full five-year term. This achievement is attributed to his sharp political acumen, strong connection with the party cadre, and an effective rapport with the state bureaucracy.


After the 2019 elections, despite the BJP-Shiv Sena alliance securing a mandate, political differences prevented them from forming a government. However, since then, not a single MLA has defected from Fadnavis’s side, nor have serious allegations been raised against him, underscoring his resilience and the loyalty he inspires. As Maharashtra gears up for the 2024 elections, all eyes are on Fadnavis, a man the party leadership believes can turn the tide, particularly with RSS backing.


The stakes this time are high for both Fadnavis and his opposition, including Sharad Pawar. With the BJP’s reliance on its allies – Eknath Shinde’s Shiv Sena faction and Ajit Pawar’s NCP faction – Fadnavis has publicly acknowledged the need for unified efforts to secure power. However, the Pawar factor looms large.


Sharad Pawar has strategically fielded strong candidates, making it clear he is focusing on individual party wins. This move indicates that Ajit Pawar’s faction may not significantly impact Pawar’s influence.


The BJP faces a challenging electoral battle. Direct contests with Congress are anticipated to be tough, given the consolidation of Dalit-Muslim votes and the potential split of Maratha and OBC votes. Fadnavis’s strategy appears focused on drawing votes away from the UBT faction (Uddhav Balasaheb Thackeray’s Shiv Sena), with support from the Shinde faction and Raj Thackeray’s MNS. If this vote-splitting strategy works, Fadnavis could edge closer to power.


A key challenge for Fadnavis lies in retaining Maratha support, especially amid the rising influence of Manoj Jarange Patil. Patil’s vocal demands for Maratha reservation have garnered widespread backing within the community, presenting a roadblock for Fadnavis. While Fadnavis has advocated for Maratha reservation, legal hurdles have prevented progress, and he now faces criticism from Patil and others.


For Fadnavis, the elections are nothing short of an agnipariksha (trial by fire), as he navigates alliances, community expectations, and fierce competition.

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