New Delhi: The Madras High Court, in a significant judgment regarding property settlement made by parents in favor of their children, has said that if the parents fail to take care of the parents as promised, the children will be liable for the same amount. Can take back your property.
Justice SM Subramaniam of the Madras High Court said that the parents can unilaterally cancel the agreement letter if it only mentions that it is being given to them out of love and affection. While delivering the judgement, the justice emphasized that the parents have the right to unilaterally cancel the settlement agreement if it is clearly stated that the property is being transferred out of love and affection for their children.
According to Justice SM Subramaniam, when human conduct is indifferent towards senior citizens and their safety and dignity is not protected, the parents can take back their property.
This important legal order was given in the case of cancellation of property settlement deed by Shakira Begum of Tiruppur, Tamil Nadu in favor of her son Mohammed Dayan. Shakira Begum had complained to the sub-registrar that he had issued the settlement letter on the basis of a promise to provide proper maintenance of her son, which he had failed to do.
This matter between mother and son reached the court, after which Madras High Court has issued an order in favor of mother Shakira Begum.
