Karnataka high court
Anandram said the house was his self-acquired property and he had bought it when Kumar was 19 years old. He alleged that after his wife’s death in 2016, Kumar and his family began harassing and ill-treating him. Kumar said he was given a 50% share in the Shankarapuram house and his father executed a release deed on Feb 17, 2021, transferring the share to him.
He said a civil court had recognised its status. However, Kumar countered it, stating the house was originally part of his grandfather ML Manjunatha Shetty’s joint family property. The court, however, allowed Kumar and his family to continue living on the first floor of the house without disturbing Anandram’s rights on the ground floor.
However, Justice Suraj Govindraj, in his Aug 10 order, rejected Kumar’s argument. Because he himself was 64 years old and, therefore, a senior citizen, kumar then approached the high court stating that the tribunal could not invoke the Act against him.
The court said accepting Kumar’s argument would defeat the purpose of the law, which was created to protect elderly parents not being cared for by their families. Justice Govindaraj pointed out that the release deed specifically contained a promise by Kumar to look after his father While categorically stating that being a senior citizen does not give the son immunity.
The case involves 92-year-old MM Anandram and his 64-year-old son MA Prem Kumar. Yes, it can be. Karnataka high court has ruled that a senior citizen can take legal action against another senior citizen who received his property but failed to look after him.