Spurned by son, senior citizen gets back property after legal battle

Relief:M. Jagadeesan (right) receiving the copy of the judgement from Collector C.N. Maheshwaran (second right) and Principal District JudgeK. Perumal (left).  

It was the happiest Tuesday for 74-four-year-old M. Jagadeesan. He got back his land and house from his elder son after four years of legal struggle, under the Maintenance and Welfare of Parents and Senior Citizens Act 2007.

Mr. Jagadeesan of Madaraalli in Nagampatti panchayat near Krishnagiri, filed a complaint with the District Collector in 2009 on the ‘atrocities' meted out to him by his elder son J. Anbarasan.

In his petition, he stated that he was sent out of the house built by him on a 6.6-acre land. In spite of giving the lands belonging to his ancestors to both his sons equally, the elder son occupied the land and house belonging Mr. Jagadeesan and sent his parents out.

Based on his complaint, the Collector formed a committee to monitor the case under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 and referred it to the Social Welfare Department. Since, the conciliation efforts of the department officials with his son did not yield results, the case was referred to the Revenue Divisional Officer. After a thorough inquiry, the RDO pronounced his judgment in favour of Mr. Jagadeesan. Mr. Anbarasan, went on an appeal to the committee headed by the Collector.

The committee too accepted the judgment of the RDO and issued the order to Mr. Jagadeesan at the awareness seminar on Domestic Violence Act 2005, Anti-Dowry Act 1961, Child Marriage Act 2006, Maintenance and Welfare of Parents and Senior Citizens Act 2007 at the Collectorate on Tuesday.

According to the judgment, Anbarasan has to vacate the house and hand over the 6.6-acre land to his father immediately. The district police should do the needful to the aggrieved petitioner in getting his house and land from his son. A copy of the judgment was handed over to Mr. Jagadeesan by Collector C.N. Maheshwaran and Principal District Judge K. Perumal.

Receiving the order, Mr. Jagadeesan thanked the administration and said this should be a lesson to those neglecting their parents.

What the Act says

The aggrieved senior citizens could petition the court with a written complaint under Section 4 of the Act.

Gift deed void

If the elders are neglected after their fixed assets are distributed among the children, the gift deed will become void if children are found to be not supporting the executor of the deed. These cases can be tried in Lok Adalat court also.