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Property Rights Of Senior Citizens: What They Are And How To Protect Them

Elderly parents can avail of legal provisions under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to protect them from situations like property grabbing and abandonment by children

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Amit Sethi
July 29, 2023
Property Rights Of Senior Citizens

Property Rights Of Senior Citizens

Senior citizens may sometimes receive harsh treatment not only from an unknown person but also from their close relatives and family members. In old age, they are also prone to cheating and deception. After retirement, they usually depend on corpus and wealth accumulated during their working life to meet their financial needs. So, to protect their wealth and interests, the government has enacted the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Let’s learn more about the Property Rights Of Senior Citizens and how it helps them. 

How Does The Law Protect The Interest Of Senior Citizens?

Venket Rao, the founder of Intygrat Law Offices LLP, explains, “The Maintenance and Welfare of Parents and Senior Citizen Act, 2007, was promulgated for maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution.” 

Rao further adds, “The said law endeavors to safeguard the rights of senior citizens on their properties and articulates the following measures:

The Senior Citizen may transfer their property by way of gift or otherwise, to some person subject to the condition that the beneficiary/transferee shall provide the basic amenities and basic physical needs of the Senior Citizen, and any prospective refusal or failure of the transferee then the said transfer of property shall be deemed to have been made by fraud or coercive or under undue influence and thereby declared to be void by the Tribunal established under the Act. 

  • Senior Citizens cannot be abandoned by their children or relatives from the property owned by them.
  • In the circumstances when the Senior Citizen has been abandoned by their children or relative, then they reclaim their property”.

Steps Senior Citizens Can Take To Ensure Adherence To Their Property Rights

According to legal experts, the law as promulgated within the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, stands to be precise and unambiguous to safeguard the rights of the senior citizen, wherein the following recourse could be adopted:

  • The transfer of any property subject to the condition may be imposed, and any failure thereby shall void the transaction in terms of Section 23 of the Maintenance Act, 2007, read with Section 31 of the Transfer of Property Act.
  • If any property is transferred via gift, then the senior citizen may revoke the transaction in terms of the provisions of The Maintenance Act, 2007.
  • For any immovable property bequeathed via Will, the senior citizen shall adequately follow the prescribed measures under law, such as proper registration and attestation of the Will, which ultimately restrains the other parties from exploiting the intent of the executor.

 To use the benefits of the law, senior citizens need to be aware of their property rights. So, they should consider hiring a legal advisor to get quick relief if they are into a property-related dispute.

 

Author is an independent financial journalist

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