Ethos of society fast losing significance, says HC while deciding a property dispute between parents and son

Judge terms “heartless” the conduct of the son towards his parents after being moved by an e-mail penned by the father

“Mummy is not well. She has to go to hospital for treatment. If doctor advises her to be admitted, only she can be admitted over there. What will I do? I know only one senior citizen home... I can ask the coordinator Mr. Maaran to take me there. I do not know anyone else.

“You inform me IMMEDIATELY on what should I do. Ramesh [younger son] did not even attend my phone calls. There is no one to help here — Thanks, Daddy,” wrote an elderly and helpless Chennai-based retired Indian Air Force officer to his well-settled elder son in Australia.

The e-mail was penned after the aged man underwent four hip surgeries and bone grafting following a fall. It led to his being bedridden for over six months. His wife took care of him during recuperation; but soon thereafter, she fell ill and he found himself in dire straits.

The words of the father moved Justice P.T. Asha of the Madras High Court so much that she described as “heartless” the treatment meted out by the two sons to their parents who had to sell their jewellery and shell out every penny of their savings and pension to pay for the medical expenses.

Allowing an appeal from the parents against a lower court order in favour of their elder son in a property dispute, the judge held that the appellants were entitled to cancellation of the settlement deed executed in favour of him due to his failure to take good care of them.

The elder son had contended that the settlement deed could not be cancelled unilaterally because he had paid ₹3 lakh to his parents at the time of execution of the deed and also allowed them to collect the rent from the immovable property until their death.