Tribunals can restore property to abandoned parents, says SC

The Supreme Court on Thursday ruled that tribunals constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, are empowered to order the restoration of property to parents if their children fail to fulfil their obligation of care.

- Utkarsh Anand

The ruling, aimed at safeguarding the rights of elderly citizens, came as the top court quashed a gift deed and restored property to a mother whose son had neglected her and his father after receiving the property.

A bench of justices CT Ravikumar and Sanjay Karol emphasized that Section 23 of the 2007 Act must be interpreted in line with its statement of objects and reasons, which highlights the urgent need to protect elderly citizens from emotional neglect and lack of physical and financial support. "The Act is a beneficial piece of legislation aimed at securing the rights of senior citizens. It must be interpreted to advance the remedies provided under it," it underscored.

The court categorically ruled that tribunals could order eviction as well as restoration of the property, if deemed necessary for the protection of senior citizens. According to the bench, this power is inherent under Section 23 of the Act that provides for annulment of a gift deed in case of breach of terms by children or by any other person who receives the property.