top of page

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.)

The Republic’s Paradox

By barring Marine Le Pen, France’s establishment reveals its own contradictions.

Marine Le Pen, leader of the far-right National Rally (RN), has been barred from running for public office for five years after being found guilty of misusing European Parliament funds. The decision, handed down by a Paris court earlier this week, effectively rules her out of the 2027 presidential race.


Le Pen’s fate, though seemingly sealed by the judiciary, raises deeper questions about France’s democracy and its historical struggle with the far right. The court’s ruling, on paper, is a strict application of the law. But in practice, it reeks of political convenience. Those now condemning Le Pen’s financial misdeeds are the same ones who have, in years past, either downplayed or benefited from similar violations. The French electorate will not miss the irony.


France’s history with the far right has always been one of moral condemnation mixed with grudging electoral reality. From Charles de Gaulle’s denunciation of the remnants of Vichy to François Mitterrand’s cynical strategy of boosting the National Front (FN) to split the right-wing vote, the mainstream has long treated the Le Pens as both a useful bogeyman and a threat to be contained.


Marine Le Pen’s father, Jean-Marie, was the embodiment of a French nationalist who relished his outsider status. His overt racism and Holocaust revisionism made him anathema to much of France, but his appeal among working-class voters, disenchanted Gaullists, and nationalist conservatives ensured the FN’s survival. In 2002, he stunned the political class by reaching the second round of the presidential election, only to be overwhelmingly defeated by Jacques Chirac.


His daughter, however, is a different political animal. Under her leadership, the FN - rebranded as the National Rally (RN) - shed its most toxic elements. She softened its rhetoric, distanced herself from her father, and made economic protectionism and opposition to immigration her rallying cries. By 2022, she had done what once seemed unthinkable: she made the far right almost palatable to the mainstream, securing 41.5 percent of the vote in the presidential runoff against Emmanuel Macron.


This electoral trajectory terrified the establishment. The possibility of Le Pen winning in 2027 was no longer far-fetched. Now, thanks to a judicial ruling, it may be impossible.


Le Pen’s conviction follows years of allegations that the RN improperly used EU funds to pay party staffers. The case is not without merit. Yet, the sudden severity of the punishment raises questions about the timing and motivation behind it.


France is no stranger to financial improprieties in politics. Nicolas Sarkozy, a former president, was convicted of campaign finance violations but was never barred from seeking office. François Fillon, whose 2017 presidential bid collapsed over a scandal involving fictitious jobs for his wife, received a suspended prison sentence but was not stripped of his political rights. Even Macron’s government has faced corruption allegations, but no minister has suffered electoral disqualification.


The establishment’s hypocrisy is evident. If Marine Le Pen is disqualified from running for office, is it truly about justice or about keeping the far right at bay through legal means rather than at the ballot box? The left and centre, once vocal defenders of democracy, now seem willing to use undemocratic means to achieve their ends.


Le Pen’s disqualification could have unintended consequences. Rather than ending her political career, it could transform her into a political martyr.


Her immediate successor is likely to be Jordan Bardella, the 29-year-old RN president. Young, articulate, and politically savvy, he has been groomed as Le Pen’s heir. But he lacks the personal connection with voters that Le Pen has cultivated over decades.


Yet, for all the hand-wringing in Paris, the real decision lies with the electorate. French voters are not blind to political manoeuvring, and barring Le Pen may not be the victory the establishment believes it to be. Instead of neutralizing the far right, it may fuel its grievances, reinforcing the idea that democracy is only valid when it produces the ‘correct’ outcomes.


If France’s political class truly believes in democracy, it should defeat Le Pen at the ballot box, not in the courtroom.

Comments


bottom of page