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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.)

The Saree Still Matters, Even Now

This festive season, let’s bring the saree — often traded for convenience and Western trends — back to centre stage and pay tribute to the artisans who have kept its legacy alive for generations.

As the festive season approaches, it is more than just a celebration of ritual—it is a golden opportunity to reconnect with our roots. Among the various treasures of Indian heritage, the saree stands tall as a timeless symbol of grace, dignity, tradition, and cultural pride.


Draped in six yards or nine yards of elegance, it is not just a piece of fabric; it is a flowing expression of heritage, speaking of emotion, elegance, womanhood, and identity. Every pleat holds the tradition tightly, the pallu flowing with diverse yet supreme culture, speaking loudly of our mothers and grandmothers. A living legacy indeed, the saree embodies the soul of our culture, narrating stories of generations, artisans, craftsmanship, and rich regional traditions that define India.


It holds its elegance in its purest form. Whether it's the silk of Kanjeevaram, handwoven Banarasi, Bandini of Rajasthan and Gujarat, cotton of Bengal, or Paithani of Maharashtra—each weave has a tale to tell, a rhythm of its land. The list is endless. Every saree holds a unique essence, carrying its region's and people's soul.


In an era of fast pace with fast-changing fashion rules, the saree stands out—timeless yet under threat—slightly blurred, slowly fading, and facing challenges in relevance and visibility.


Today, in our rush for convenience and Western wear, we see a decline in its everyday presence. We forget the charm and confidence it brings. The perception of it being "too inconvenient", "too traditional", or "outdated" has pushed it to the back of our wardrobes. The beauty and richness are increasingly being sidelined.


However, a closer examination reveals its true essence. Versatile, subtle, and bold, be it formal or festive. It fits every occasion with a slight twist, making it a perfect, wearable, stylish, contemporary power dress. The saree truly empowers while being traditional, adapting to every age, occasion, and region—a celebration of femininity and a statement of style and heritage.


Festivals are those sacred windows where tradition and modernity can beautifully coexist. Adorning a saree is a nod to our previous generation—our mothers and grandmothers. It is not just a fabric but elegance proudly draped by them and a gentle reminder to our future generations, our daughters, daughters-in-law, and nieces. It is not a burden of pressure but a legacy and pride to be kept alive.


This festive season, let the saree be celebrated.


Make every saree a memory that you wear—a history, artistry, and rich roots.


It is fading not because it lacks relevance but because we have neglected to carry it forward with pride. To preserve it is to honour our roots and ensure that the tradition flows seamlessly into the future.


I am a big saree lover and drape a saree in everyday life, flaunting it and walking with confidence. It gives immense pleasure to be draped in such eye-catching attire.

So to all ladies,

Celebrate the saree.

Celebrate your roots.

Celebrate YOU.


May this festive season bring vibrancy, adding colours in all forms, as many shades as your drape.

 

(The writer is a tutor based in Thane. Views Personal.)

 

 
 
 

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