Speaking with a landmark decision, the Supreme Court bench, Madras, consisting of SM Sm Subramaniam and K Rajasekar, rejected the appeal made by S. Malaya, the daughter -in -law of the deceased Nagalakshmi.
In an important sentence that may have far -reaching consequences, the Supreme Court of Madars has allowed older citizens to cancel a gift or a resolution they could do in favor of their children or other family members if they do not care about them.
Speaking with a landmark decision, the judges of the SM Subramaniam and K rajasekar rejected the appeal made by S. Mala, the daughter -in -law of the deceased Nagakshmi.
Supreme Court verdict Madras
In response to an appeal, which disputes the cancellation of the act of resolving property, executed by the elderly woman in favor of the deceased son and his wife, the judges said she had the right to withdraw the case.
The Supreme Court of Madars supported that in accordance with Section 23 (1) the Law on Parents and Elderly Citizens, the transfer of property made with the expectation of care and service can be recalled if the experiences do not fulfill this duty.
Can elderly citizens withdraw gift affairs?
The bench stated in her opinion: “Love and commitment is a consideration that can be traced in the acts of settlement, it would be enough to believe that such love and commitment – this is implied that an elderly citizen will take care of the beneficiary of the settlement or a gift act.”
The bench, which consisted of SM SM Subramaniam and K Rajasekar, said, “In this case, the elderly citizen, both in his complaint and before the income officer (RDO), strongly rejected that her son was completely neglected and the daughter -in -law.”
It stated further: “The elderly citizen has three daughters, but she has fulfilled the resolution of the act in favor of the only son, denying equal ownership. Thus, it would be a natural expectation that her son and daughter -in -law will take care of her life. The spirit and goals of older citizens’ law on elderly citizens.
