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The Karnataka High Court Justice B. Veerappa rejected a petition filed by a woman, ND Vanamala, against her 82-year-old mother asserting that it is the “duty and dharma” of children to take care of their aged parents. The petition filed was challenging an order passed by the Assistant Commissioner (AC) whereby a gift deed executed by her mother, the defendant on present petition, was annulled.
The question put before the Court was whether AC was justified in nullifying the gift deed. On this, the Court relied on the facts of the case. The mother had executed the gift bequeathing her property share in favour of her daughter which was later annulled after she submitted a written complaint under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 alleging that her daughter was neglecting her. Petitioners appeal was further rejected by Deputy Commissioner as well following which she moved to the High Court.
In the High Court, it was submitted by Vanamala that she had been taking care of her mother and had been paying her Rs 3,000 monthly. Mother, on the other hand, had alleged that her daughter had stopped taking care of her as soon as the gift deed was executed. The Court, on this, observed that section 23 of the Act makes it transparent that even if a property has been transferred as a gift, the transferee shall provide basic amenities and needs to the transferor. The Court upheld the impugned order however, stating that “Senior citizens cannot be used as commodity or chattel.”
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