MADURAI: Observing that several senior citizens are being thrown to the streets after transferring their properties to their children, the Madurai Bench of the Madras High Court recently told the registration department officials to ensure that the conditions stipulated in Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 are incorporated in conveyance deeds.
Justice S Vaidyanathan said that as per the section, when the transferor (senior citizens) conveys a property by means of gift or settlement or otherwise, there shall be a clause in the conveyance deed to ensure that the transferee (their children) provides basic needs to the transferor, failing which the deed can be declared void.
The officials should also ensure that when the children try to sell the properties received from their parents, the signature of their parents (senior citizens) is obtained, he added. He further observed that if senior citizens are abandoned, imprisonment of the persons responsible should be made mandatory.
“Even though the discretion is given to the Magistrates to try the offence and impose punishment, unless the sword of Damocles is hanging on the youngsters, there will be lots of old age homes mushrooming,” he said. The judge directed the Registry of the court to place the matter before the Chief Justice for constitution of a larger Bench.