After examining the gift deed, documentary evidence and submissions from both sides, the tribunal observed that the obligation to maintain and care for senior citizens is not merely a moral responsibility, but a legally enforceable condition when property is transferred on such assurances.
Latur: A tribunal in Maharashtra’s Latur district has restored an 89-year-old woman’s property rights by cancelling its transfer through a gift deed to her grandson and great-grandson as they failed to provide her care and maintenance.
The obligation to maintain and care for senior citizens is not merely a moral responsibility, but a legally enforceable condition when property is transferred on such assurances, Senior Citizens Tribunal’s presiding officer Rohini Narhe-Virole said in the order.
A copy of the order issued on March 18 was made available on Monday.
The case involved a three-hectare agricultural land at Karsa village in Latur district.
According to the case records, Housabai Lahade had transferred the property through a registered gift deed in favour of her grandson and great-grandson. The transfer was reportedly made on the understanding that the beneficiaries would provide care, maintenance and support to her.
However, it was alleged that the beneficiaries subsequently failed to fulfil their responsibilities, prompting the elderly woman to seek legal intervention under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
After examining the gift deed, documentary evidence and submissions from both sides, the tribunal observed that the obligation to maintain and care for senior citizens is not merely a moral responsibility, but a legally enforceable condition when property is transferred on such assurances.
Holding that the conditions attached to the transfer had been violated, the tribunal ordered cancellation of the registered gift deed. It further directed the immediate cancellation of the revenue mutation entries made on the basis of the deed, thereby restoring protection to the original ownership rights.
The tribunal also ordered that any government benefits, subsidies, crop insurance claims or other financial gains derived from the land during the disputed period be returned along with applicable interest.
It further instructed authorities to ensure that no interference or obstruction is caused in relation to the property in future. The tribunal underlined the importance of clearly incorporating maintenance and care obligations in property transfer documents.