This story is from November 19, 2016

Siblings can't use Sr Citizens Act to settle scores, rules HC

Maintenance and Welfare of Parents and Senior Citizens Act should not become a tool for siblings to settles scores among themselves in property disputes, says the high court. “The Act is one enacted to ensure the proper protection and maintenance of senior citizens. It cannot be allowed to be used as a tool in property disputes among siblings,“ the court said in the judgment.
Siblings can't use Sr Citizens Act to settle scores, rules HC
(Representative image)
KOCHI: Maintenance and Welfare of Parents and Senior Citizens Act should not become a tool for siblings to settles scores among themselves in property disputes, says the high court. “The Act is one enacted to ensure the proper protection and maintenance of senior citizens. It cannot be allowed to be used as a tool in property disputes among siblings,“ the court said in the judgment.
The court was considering a case where transfer of property in favour of a daughter by an aged mother was cancelled on a complaint filed by the mother.
In the petition in the high court, the daughter, Mavila Sathi of Mattannur in Kannur, alleged that the complaint was filed at the instance of her brother by portraying the aged mom as illiterate.
Properties of the 74-yearold mother were gifted to her three children and the petitioner was assigned 23 cents of land after retaining the mother's right of residence in the ancestral home. Subsequently , in 2012, the mother assigned a further 10 cents in favour of the petitioner. Sathi alleged that her brother Govindan took her mother to his house on August 3, 2013. On October 21, 2013, the mother filed a comp laint before the maintenance tribunal (Thalassery sub collector) stating that she has been ousted from the ancestral house by her daughter.The tribunal then ordered the petitioner to re-convey the property to her mother.
The daughter said she never ousted her mother and the was filed by her brother by obtaining her mother's thumb impression. Accepting this, the court set aside the property assignment cancellation and asked the daughter look after her mother if she is willing to reside with her. Otherwise, the daughter should pay her a monthly maintenance of Rs 5,000.
End of Article
FOLLOW US ON SOCIAL MEDIA