Daijiworld Media Network - Bengaluru (SP)

Bengaluru, Aug 25: "Children can go against mother, but no mother acts against her children. Instead of carrying on a legal fight with your mother, you should pay respects to her and win over her heart. Who knows, she may change her mind and donate the site to you, said a division bench of the state high court (HC) chaired by senior judge, Justice Sathishchandra Sharma.

In the said case, a lady had questioned the order of the sub-divisional officer in cancelling the gift deed granted by her mother in her favour. The case came up for hearing on Tuesday August 24. The bench said that the mother who gave birth to the appellant is the god for her and that the court cannot support her claim over the land. The appellant is not eligible for any compassion, it observed. "The HC said it does not support her behaviour. The sub-divisional officer was right in cancelling the gift deed," the bench observed.

Karnataka high court (file photo)

Shanthamma from J P Nagar had promised her mother Jayamma, to look her after well. On that basis, the mother had gifted 600 sq feet site in the name of Jayamma to her daughter, Shanthamma under the Welfare of Parents and Senior Citizens Act, in 2015. The mother thereafter approached the senior citizens welfare tribunal, alleging that the gift deed had been executed by way of cheating. The tribunal had cancelled the gift deed on November 28, 2018. The daughter had approached the high court, questioning the decision of the tribunal.

The daughter had argued that at the time of signing the gift deed there was no condition that the mother had to be looked after well. She pointed out that her mother gets a house rent of Rs 30,000 every month. The mother said that her daughter, taking advantage of the fact that she has no male children and is uneducated, had got her property transferred in her name through a gift deed fraudulently. She said that the daughter was not living in the house mentioned in the said site and that she had rented out the property. She said she was neglected by her daughter and therefore sought cancellation of the gift deed.