Parents Forgive Children's Misdeeds Until It Becomes Unbearable: Karnataka HC Rejects Daughter's Plea Against Cancellation Of Father's Gift Deed

The Karnataka High Court on Wednesday dismissed an appeal filed by the daughter of an aged couple seeking to reverse the order of the single judge which had in turn upheld the order of the Assistant Commissioner, Tumkur, cancelling the gift deed executed by her father in her favour.

"Which father and mother will come and say? Unless it is unbearable for them...." a division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit remarked based on statements made before it that the parents were subjected to physical assault.

It added,

“On the contrary in our society and our culture the tendency is to forgive the children inspite of their misdeeds. Sometimes this forgiving may cost them (parents) at various levels but still it is done. Only when it is unbearable...which father and mother will come and say unless there is some element of truth.”

The petitioners had approached the single judge arguing that the impugned order of the Assistant commissioner passed under the provisions of Maintenance and Welfare of Parents and Senior Citizens Protection Act is unsustainable in law because it is passed in violation of principles of natural justice. The parents are taking undue advantage of the impugned order and making an attempt to dispossess the petitioners of the property, it was alleged.

The bench had noted that as per the complaint of the father it was contended that he was taken by petitioners to the Tahasildar's office on the pretext of making arrangement for old age pension but, petitioners were forcing him to sell the landed property in order to discharge petitioners' debts.

Following which the court had said, “Learned Assistant Commissioner has rightly noticed and recorded that the gift deed contained a condition that first petitioner would take care of her father. It is the specific case of the fourth respondent (father) that petitioners have physically assaulted and driven out respondents No.3 and 4 from their house. Admittedly, property belonged to the fourth respondent, the natural father of the first petitioner.”

It had then held “The grounds of violation of principles of natural justice is untenable because petitioners have filed their objections and admitted in para 5 of the writ petition that after enquiring both the parties, case was posted for orders. Therefore, the solitary ground urged on behalf of petitioners fails and accordingly this writ petition stands dismissed.”

Citation No: 2023 (Kar) LiveLaw 425.

Case Title: Kavitha R & ANR AND The Assistant Commissioner.

Case No. WA 488/2023