Why elderly parents are revoking property gifts to battle child neglect: 'Want to live with dignity'

It took 68-year-old B Vidya three months to overcome her hesitation and file a complaint against her son, who, she says, abandoned her when she needed him the most.

With no money left to pay for her dialysis treatment and no financial support from her son, Rajkumar (42), Vidya approached the Chennai Police commissioner seeking the cancellation of a gift deed through which she had transferred ownership of her two-bedroom apartment to him three years earlier. She wanted to reclaim the property, sell it, and use the money to meet her mounting medical expenses.

'Filed complaint after son refused to help'

After her husband, Singaravelan, passed away last year, Vidya was left without any regular financial support to cover her treatment. “We bought the house with our hard-earned money. I never wanted to sell it. But when my son neglected me, I had no choice. I repeatedly asked him to support me, but when he refused, I decided to file a complaint,” Vidya told The Federal.

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When the police summoned Rajkumar for an inquiry and explained the provisions of the Maintenance and Welfare of Parents and Senior Citizens (Amendment) Act, 2019, he agreed to provide the monthly maintenance, Vidya said.

“My son pleaded with me and promised to provide monthly maintenance. But I decided to cancel the gift deed and sell the house. I want to live with dignity,” the sexagenarian, who now uses the proceeds from the sale to pay for her medical expenses, added.

Elderly parents hesitate to seek help despite suffering

According to legal experts, Vidya's case is far from unique. Many elderly parents who suffer neglect at the hands of their children rarely approach the police or the courts to reclaim property or seek maintenance.

The issue has once again come into focus after the Bombay High Court this week upheld the cancellation of a property gift made by an elderly couple to their son. The court ruled that since the transfer had been made on the understanding that the son would care for his parents, and if he failed to do so, the gift deed could be revoked.

In several instances, elderly people who suffer severe physical or mental abuse at home never report it. Some have told us they were threatened with being sent to an old-age home. In our society, many still see moving into a senior citizens’ home as the worst possible outcome.

K Rajasekaran, an advocate from Thiruvananthapuram, Kerala, who has represented several elderly parents seeking to reclaim their property, said the law provides strong safeguards for senior citizens.

Speaking to The Federal, he said he had recently represented an elderly couple before the Kerala High Court in a similar case.

“Several judgments have upheld the rights of parents to reclaim property gifted to their children and even recover money deposited in their children’s accounts for their future,” he said.

He explained that the first complaint should be filed before the revenue divisional officer, who functions as the presiding officer of the Maintenance Tribunal under the Act.

Counselling, appellate tribunal, legal proceedings

“The tribunal first attempts reconciliation through counselling. If, even after three counselling sessions, the son or daughter fails to reach a settlement with the parents, they can approach the Appellate Tribunal headed by the district collector. If that too fails, they can initiate legal proceedings, including approaching the police wherever necessary,” Rajasekaran said.

He pointed to Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, which empowers authorities to declare a transfer of property void if it was made on the condition that the transferee would provide basic amenities and physical needs to the senior citizen, but fails to do so.

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“Many courts have consistently held that a parent's financial condition is not the deciding factor. If a property was transferred with the expectation of care and support, and that expectation is not fulfilled, the gift deed is liable to be cancelled,” he added.

Tamil Nadu-based social activist R Elango said many parents continue to endure neglect and abuse because they are reluctant to initiate legal action against their own children.

He said awareness of the law remains poor, and relatives, neighbours and friends should encourage elderly people to seek legal remedies.

'Parents feel ashamed to file case against own children'

“Parents often feel ashamed to file a case against their own children. In several instances, elderly people who suffer severe physical or mental abuse at home never report it. Some have told us they were threatened with being sent to an old-age home. In our society, many still see moving into a senior citizens’ home as the worst possible outcome,” Elango told The Federal.

He recalled the case of an elderly mother who called the senior citizens’ helpline to report neglect by both her son and daughter, but hesitated to file a formal complaint because she feared it would damage her family's reputation.

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According to the Longitudinal Ageing Study in India (LASI) 2021, conducted by the Ministry of Health and Family Welfare, senior citizens account for about 12 per cent of India’s population. The study projects that the number of older persons will rise to 319 million by 2050, accounting for nearly 19.5 per cent of the country’s population.

Quoting the study, Elango said greater awareness is needed so that elderly people know where to seek help. “Senior citizens facing neglect or abuse can first call the national elder helpline, 14567, and seek relief through the Maintenance Tribunal headed by the revenue divisional officer. We need greater awareness about geriatric services and the legal protections available to senior citizens so that people across all economic backgrounds know where to turn for help,” he said.