Bengaluru: The Karnataka High Court has said that it is not only the responsibility but also the obligation of children to take care of their elderly parents.
A division bench comprising Chief Justice PB Varale and Justice Krishna S Dixit stated this while hearing a case of a daughter and son-in-law who allegedly assaulted their parents and turned them out of the house after receiving the property as deed of gift. The court ordered that it is the children's obligation to look after their parents when they have taken their property by way of gift.
The division bench of the High Court upheld the order of the Divisional Officer of the Tribunal under the Parental Welfare and Senior Citizens Maintenance Act of Tumkur Zone that had invalidated the handing over of property as gift deed by the father to daughter, and the judgment of the single member bench of the High Court which upheld the same.
Taking care of aged parents is both the responsibility and obligation of children and not a matter of charity, the court stated. For thousands of years the scriptures of the country preach that 'Rakshanti Sthavire Putrah' meaning children should take care of their parents in the last days of their lives, it added.
In the present case, the daughter did not take care of her parents after receiving the property by way of gift. Also, the parents were assaulted and turned out of the house. This is not an acceptable and agreeable development, the division bench mentioned in its order stating that courts, authorities and tribunals have to exercise extreme caution and strictness in such matters.
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R Kavitha of Basavapatnam in Gubbi taluk of Tumkur received the property as gift from her father Rajasekharaiah on September 28, 2018. However, after a few days, the parents filed an application to the Sub-Divisional Officer's office complaining that their daughter and son-in-law were not treating them properly. Also, the two had taken Rs 10 lakh for the construction of their house and forced them to sell the land property to pay their debts, the parents complained.
Kavitha, who denied the allegation claimed that she is taking care of her parents and had spent Rs 30 lakh on her father's treatment. But the Sub-Divisional Officer observed that the parents were assaulted and turned out of the house. The property that was handed over to the daughter as gift was invalidated on February 24, 2021. Kavita filed an appeal in the High Court questioning this order, which was dismissed by a single member bench on September 11, 2021. After which, Kavita appealed to the division bench.
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