The Punjab and Haryana High Court has made it clear that a senior citizen’s independent source of income is irrelevant when considering his plea seeking return of property transferred to a child following his failure to provide basic amenities.

The ruling by Justice Vikas Bahl came on a son’s plea for setting aside an order cancelling property transfer deed in his favour on senior citizen-mother’s plea. Among other things, the counsel for the petitioner-son submitted that impugned orders deserved to be set aside on the ground that the mother was getting Rs 15,000 every month as rent in addition to the government pension. As such, her basic needs were being met. It could not be said that she was unable to meet her basic needs.

Justice Bahl asserted: “Whether respondent-mother has any independent income or not is not the relevant factor to be considered while deciding an application filed by the senior citizen for setting aside the transfer deed. The relevant to be considered is as to whether the beneficiary provided the basic amenities and basic physical needs to the transferor, more so, when the transfer was made subject to the said condition.”

Justice Bahl asserted nothing was on record to even remotely show that basic amenities were being provided by the petitioner to the mother and rent, in addition to pension, was actually being received by her.

Emphasising that a child’s responsibility towards a mother travelled beyond financial matters, Justice Bahl also reinforced the principle that the children had an inherent duty to care for their parents, regardless of property transfers.

Justice Bahl also ruled that the obligation to provide for the parents arose from the mere fact of being born to them. The key consideration in such matters was whether the child had taken care of amenities and essential needs of the parents, including basic physical requirements.

Justice Bahl added that the respondent transferred her share in the property out of love and affection during her lifetime. But the very fact that she had to file an application seeking cancellation of transfer deed, prima facie, showed that the petitioner’s conduct towards her was not what should have been of a son towards his mother.