Parents' Caregivers Can Have More Property: Supreme Court

New Delhi, September 13, 2019, Friday

The Supreme Court on Thursday ruled that parents could give more wealth to the caregiver and caregiver of the elderly parent. The court said that the argument that the caretaker child of the elderly parent sought to gain more wealth by seducing the parents would not be accepted.

The case however is old. In this 1970s case, a bench comprising Justices Naveen Sinha and Justice Indira Banerjee said that if the offspring of the elderly parent who is living with the offspring is sufficiently cared for by the parents, then the parents can give them more inheritance from their property. At that time, if the right witness is present, then the relevant offspring will not argue that they have gained more wealth by seducing or deceiving the parents. In the old age of parents, the offspring has more property rights. It cannot be alleged that this child was cared for by parents only to obtain more parental wealth.

In the case of two brothers of one family, the lower court also expressed similar opinion. The dissident brother challenged the verdict in the Supreme Court. The Supreme Court dismissed the prosecution's argument by upholding the lower court's ruling.