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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.)

Revisiting the Indus Waters Treaty: Water Diplomacy Amidst Growing Tensions

Updated: Oct 21, 2024

September 19 marked the 64th anniversary of the Indus Waters Treaty, a testament to the fragile peace between India and Pakistan in a landscape marred by conflict. Signed in 1960, this landmark agreement governs the six rivers of the Indus basin, allocating 80% of the waters to Pakistan and leaving India with the remainder. Despite being hailed as a durable resolution to water disputes, the treaty faces challenges that threaten its sustainability.

As India’s population swells and its economy expands, so too does the demand for water, intensifying calls for a renegotiation of existing agreements, especially in the wake of the 2019 Pulwama attack. Yet, decades of mutual distrust continue to obstruct cooperation between the two nations. Before diverting water from the western rivers, India must prioritize addressing its infrastructure deficits to mitigate flooding risks in Jammu and Kashmir. In 2019, Nitin Gadkari issued a stark warning to Pakistan: cease its support for terrorism or face the consequences of diminished access to Indian waters. Concurrently, plans are in motion to redirect surplus water to Punjab and Haryana for agricultural use, alongside the construction of the Delhi-Amritsar-Katra Expressway, which promises to reduce travel time by four hours.

 Pakistan’s mismanagement of water resources, particularly in Gilgit-Baltistan - a mineral-rich region, including gold - has relegated it to one of South Asia’s poorest areas. China’s encroaching influence, exemplified by the ambitious Diamer-Bhasha Dam, heightens India’s concerns. With an estimated cost of ₹442 billion, the dam has ignited protests in Gilgit, prompted by fears of submerged villages and demographic shifts. China’s hegemony over water resources complicates any potential renegotiation of the treaty. To maintain regional stability and protect its interests, India must also settle water disputes with neighbouring countries like Bangladesh and Nepal, thereby avoiding accusations of ‘water imperialism.’

 Gilgit-Baltistan, a sparsely populated mountainous area over six times larger than Pakistan-occupied Jammu and Kashmir (PoJK), has been under Pakistan’s illegal control. The Indus River, which flows from Ladakh through PoJK, has been effectively commandeered. This resource-rich territory, abundant in minerals and precious metals, remains one of the poorest regions in South Asia. Notably, it is home to significant gold reserves, with mines scattered near Bashah, Braldo, Parkuta, Saltoro, and along the banks of the Indus and Shyok rivers.

 The agriculturally fertile Shyok and Indus valleys produce a variety of crops, including rabi staples such as wheat, gram, peas, and rapeseed, alongside kharif crops like millets and buckwheat. Despite its agricultural potential, chronic mismanagement continues to stifle development in the region. Although it is legally part of India, Gilgit-Baltistan remains a hotspot for protests by marginalized communities, occasionally escalating into violence.

Divided into seven districts, this region is cradled by the Karakoram, Himalaya, and Hindukush ranges, bordering China’s Xinjiang, Afghanistan’s Wakhan Corridor, and Khyber Pakhtunkhwa. It encompasses eight of the world’s highest peaks and over fifty summits exceeding 7,000 meters. With elevations ranging from 300 to 28,250 feet, it is characterized by snow-clad peaks, vast glaciers, and lush valleys. Many of Pakistan’s freshwater resources originate in or traverse this area.  The geopolitical importance of Gilgit-Baltistan has surged with the completion of the Karakoram Highway, which not only enhances trade with China but also solidifies the alliance between the two countries. This highway is vital for Pakistan’s freshwater supplies, which, under international law, legally belong to India. Despite this, successive Indian governments have maintained a conspicuous silence regarding developments in this strategically crucial region.

The looming threat of Chinese retaliation adds complexity to the renegotiation of the treaty. In the absence of water-sharing agreements, India and China are increasingly reliant on cross-border rivers like the Brahmaputra and Indus, both originating from Mount Kailash.

Since 1962, China has pursued control over key water bodies near Ladakh, including attempts to seize Pangong Lake and allegations of diverting the Galwan River, a tributary of the Indus. The Galwan flows from Samzungling in Aksai Chin, merging with the Shyok River near Leh. The Line of Actual Control (LAC) runs through this region, with disputes over its exact location, particularly around Pangong Lake, where India controls only 45 of its 135 kilometers. China’s construction of a road along the lake opposes India’s infrastructure developments. Tensions peaked on June 15, 2020, with a violent clash near Patrol Point 14 in the Galwan Valley, underscoring the need for India to resolve this issue to protect its natural resources.

China’s control over critical resources amid rising water scarcity poses a major challenge for India. The strategically important Kailash Range in Tibet was effectively closed off to India by China’s Assertion Line established on October 27, 1959, which diverges from the 1959 Claim Line near Black Top. Since 1962, the region has seen intense disputes. The 2017 Dawn leaks revealed China’s ambitions in Pakistan via the China-Pakistan Economic Corridor (CPEC) to dominate Indus basin agricultural resources, raising concerns that China may also try to control Tso Moriri, a glacial lake near Leh.

Population growth, climate change, and ineffective water management necessitate a shift towards improved technologies, crop diversification, and significant infrastructure investments. While India faces water-related accusations from Pakistan, Bangladesh, and Nepal, it retains its rightful claim to the waters of the Indus basin. India has fostered cooperative ties with Bhutan, as evidenced by successful hydropower initiatives. To ease regional tensions, India must navigate the delicate balance of avoiding ‘water imperialism’ while respecting the rights of its neighbours, necessitating diplomatic finesse and a commitment to water as a fundamental human right.

(The writer is an educationalist. Views personal.)

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