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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.)

When Leadership Meets Uncertainty

As volatility deepens and AI reshapes the business landscape, leaders must learn to act decisively, even when clarity is in short supply.

In today’s fast-changing world, where business is increasingly shaped by digital systems and Artificial Intelligence (AI), leaders often face situations in which outcomes are uncertain, information is fragmented, and the path forward is unclear. Navigating such uncertain environments is among the most demanding challenges facing business leaders today. Decision-making becomes significantly more challenging when traditional metrics provide little guidance and leaders are still expected to deliver results.


In a world shaped by constant disruption and external forces beyond one’s control, navigating uncertainty has become increasingly difficult. Leading through ambiguity, therefore, demands a fundamentally different approach than managing in stable times. Leaders need to upskill in areas where they lack expertise and cultivate qualities such as prompt adaptability, powerful intuition, and a sharp vision.


Strategic Responses

Effective leaders understand that even in the best-case scenario, ambiguity cannot be fully eliminated – only managed thoughtfully. They therefore build an organisational culture that tolerates uncertainty. They, too, should hone their skills and develop specific competencies like the ability to communicate with confidence while acknowledging unknowns themselves and the humility to accept failure despite existing guardrails.


Accepting ambiguity, where choices are often unclear and definitive answers are unavailable, can at times lead to difficult and undesirable outcomes. Yet, such situations also promote resilience by remaining calm and encouraging teams to focus on what can be controlled. Accepting diverse views also fosters camaraderie, which can spur collaborative solutions while tackling unforeseen situations.


At the same time, prolonged ambiguity should not be allowed to persist for too long. It should be quickly dealt with and utilised as a catalyst for innovation, thereby ensuring organisational success in an ever-changing landscape.


Volatility in the business environment may test a leader's inherent strengths, emotional intelligence, and adaptability. If a leader finds themself in an unclear situation, they should take the initiative to welcome bold contrarian views. This can help remove blind spots that arise when decisions are made from the top levels of an organisational hierarchy.


When the business environment remains unclear, leaders face a paradox: they are expected to be the solution provider while themselves grappling with the unknowns. With no precedents offering guidance, naysayers may doubt their leader’s ability to wade through turmoil. This, in turn, may trigger such a stressed leader to make premature or erroneous decisions.


Leading through ambiguity may not be about erasing uncertainty completely, but mastering it, as best as one can. One may leverage the hovering ambiguity as an opportunity for innovation and transform potential burdens into unique advantages, thus delivering growth amid chaos.


Red Flags and Cautions

While navigating ambiguity, leaders must remain vigilant against some common pitfalls that could complicate and worsen the existing scenario. These shouldn't, by any means, lead to ambiguity management deteriorating into poor decision-making impacting the organisation.


At times, leaders overanalyse their situations amidst ambiguity, trying to seek certainty that simply may not exist, thus postponing decisions and losing critical response time. Consequently, this creates organisational stasis and permits competitors with better clarity to move fast.


Another noteworthy danger emerges when leaders disengage during uncertain periods and move into insular decision-making. Concealing reality and failing to inform the key stakeholders about the shifting conditions could have serious repercussions and breed anxiety in them.


Leaders with foggy vision may wrongly defend their initial decisions in some cases beyond rational justification, fearing that acknowledging updated information will signal their weakness. This rigidity prevents any swift recalibration that ambiguous environments demand.


Another common problem is the tendency of some leaders to continue allocating resources to favoured initiatives despite mounting uncertainty. This, in turn, could generate ire against such leaders, as it may drain precious capital that organisations could otherwise deploy elsewhere for rapid pivots.


Leading through ambiguity can be extremely exhausting. It demands that leaders display utmost composure while accepting course correction, if any, sans ego, remain steadfast at their professed targets, and continue to drive action despite uncertainty. Additionally, decision-making under ambiguous situations could be very taxing, which brings to sharp focus the difficulty of contemporary leadership. Sustained success may depend not on ignoring ambiguity but on building the organisational capability and leadership discipline needed to make sound decisions while remaining calm under pressure.


(The writer is a Country Director {India} in a British MNC. He primarily writes on emerging management and leadership topics. Views personal.)

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