The Hindu Business Line : Neglected man can deny son property

It is the duty of sons to take care of their dependant parents and States have also enacted laws for taking care of parents. Penalties have been prescribed for the erring sons.

According to the Hindu law, both sons and daughters can inherit the ancestral property of the parents. But the parents have the right to ‘will’ their property according to their wish. Sons who neglect their parents have no moral right to i nherit their ancestral property and this logical view has been confirmed by the apex court too.

*T.S. Sundareswaran,

New Delhi

The joint family system in India is fast disintegrating for various reasons. With the increase in the average life span, we have more senior citizens. Majority of them do not have much financial backing.

Majority of the parents bring up their children with hard earned money. India, unfortunately, does not have a proper social security system. This gap needs to be addressed in all earnest by the Government.

If the children are not willing to take care of their parents, the parents also need not ‘will’ their assets to their children. The Supreme Court is absolutely correct in its judgment.

Krithivasan, e-mail

When the apex court has given such a ruling, it is assumed that it would have taken all legal aspects into account before passing the judgment. Nothing could have been left out from the legal angle. But there are some social and emotional aspects to it. Though a father may be neglected by his son, it would still be more appropriate to bequeath one’s property to one’s own son only. While there are bound to be some differences within the family members, denying property to the son is a serious social issue.

Though the father might emotionally decide to transfer the property to others, he might latter on regret his decision.

K.V. Rao, Bangalore

The Supreme Court ruling that a neglected father can deny the property to his son has come at the right time, especially when the joint family system is being threatened by disintegration. Due to the changes occurring in society, senior citizens remain neglected.

In the given circumstances, the elderly are awaiting the implementation of the National Policy on Older Persons at the earliest.

Parliament and the State Assemblies should adopt the Senior Citizens’ (maintenance, welfare care and protection) Bill as early as possible.

Though various pieces of legislation have been enacted in this regard, one should not forget that it cannot compensate for the need for kindness and emotional support that they seek from their children.

S. Nallasivan, Tirunelveli

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