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World Senior Citizen’s Day is an opportunity to celebrate and appreciate senior citizens for their services, accomplishments, and dedication they have given in their lives.
Chief Minister of Odisha Naveen Patnaik took to Twitter and extended his wishes for Senior Citizens Day on Sunday. He wrote that senior citizens play a crucial role in enriching our society through their experience, knowledge, and wisdom.
The Odisha CM urged people to acknowledge their hardships and provide the care, respect, and love they deserve. Pramod Sawant, the Chief Minister of Goa, also requested people to express gratitude for the love and wisdom the senior citizens provided us.
Former US President Ronald Reagan declared Senior Citizen’s Day on August 21 by signing a proclamation in 1988.
How to safeguard property rights of senior citizens
What are the rights of senior citizens
Many senior citizens are unaware of their legal rights to reclaim property transferred to children and to seek removal or eviction of their children or relatives from their property. Although 15 years have elapsed since the enactment of the Maintenance and Welfare of Parents and Senior Citizens Act in 2007 (Senior Citizens Act) which grants such rights, the awareness of such rights remains low.
(Text by Shaishavi Kadakia and Radhika Parthasarathy. The writers are advocates.)
Transferring property to child
Under the Senior Citizens Act, a senior citizen may gift or transfer their property to a child with a condition that the child will provide basic amenities or physical needs to them. If the child fails to do so, then the senior citizen parent has the right to approach a Maintenance Tribunal established under the Senior Citizens Act to declare the gift or transfer as void on account of it being deemed fraudulent, coercive, or as made under undue influence.
Reclaiming property
To protect their rights, senior citizens planning on gifting property to their child should consider including an express condition in the gift/transfer deed that the child will maintain them. If the child violates this condition, then the parent can approach the Maintenance Tribunal to declare the gift void and return the property to the senior citizen.
Some courts have even observed that an express condition is not required in the deed and as such, a condition may be implied when a parent gifts property to a child out of love and affection or in lieu of services. However, it would be preferable to include such an express condition so that there is no scope for ambiguity.
Notably, only a gift or transfer made after the enactment of the Senior Citizens Act in 2007 will be subject to its benefit.
Evicting children from property
Although the Senior Citizens Act itself does not provide for eviction/removal from property, Indian courts, including the Supreme Court, have permitted eviction/removal of the children or relatives from the property of senior citizens in case of harassment or non-maintenance.
Courts have also ordered removal of children from the parents’ home when children have resorted to harassing their parents to transfer the property to them on the ground that they are the future legal heirs. Eviction/removal of the child from the property has also been upheld if a child has entered into an agreement for the transfer of property on fraudulent grounds to harass an aged parent.
Protecting your rights
The rights of the senior citizen will have to be balanced against the rights of the person sought to be evicted under other laws such as the Protection of Women from Domestic Violence Act, 2005, to avoid injustice. Thus, where a daughter-in-law is sought to be evicted, the Tribunal or court would ensure that her rights under the Domestic Violence Act are not overridden by the rights of the senior citizen under the Senior Citizens Act. (Text by Shaishavi Kadakia and Radhika Parthasarathy. The writers are advocates.)
The day is celebrated on August 21 each year and recognizes the achievements of senior citizens worldwide. The day has been globally observed since then.
The number of senior citizens is expected to be more than twice what it is now in the next three decades. A report by the UN suggests that the number would cross 1.5 billion senior citizens by 2050.
Covid-19 has intensified the health, environmental, and socioeconomic impact on senior citizens and has exacerbated inequalities in the last three years.
According to the United Nations, the effect has been more on female senior citizens, who form the majority of senior citizens. So the day is observed both as a reminder and an opportunity to address challenges, spread awareness, and celebrate the achievements and milestones that the senior citizens have achieved.
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