Harassment of Senior Citizens for Property Disputes

Ali Mohammad, a hardworking baker, and his wife Hajra had two sons and one daughter. In their youth, they would wake up at 3.00 a.m. every morning to supply bread to local vendors before sunrise, a practice that continued for decades. The couple provided unwavering support for their children’s education. Their eldest, Masrat, couldn’t pursue education beyond the 10th grade due to a physical disability. Nevertheless, she worked tirelessly in their bakery, saving what little she could to support her brothers, Mushtaq and Shamim. She washed their clothes, purchased books, and stationery, all without complaint, serving her brothers selflessly.

When Shamim faced financial constraints and considered discontinuing his college studies, Masrat couldn’t bear the thought. She decided to take a selfless step to help her brother. Secretly, she sold her childhood gift, golden earrings, and used the proceeds to pay Shamim’s college fees, ensuring he could continue his education.

As time passed, the family’s financial situation improved. Both brothers completed their education and secured good jobs. They got married into respectable families, and Ali Mohammad decided to move to their newly constructed home in Nagbal due to limited space. With advancing age, he also chose to close his bakery shop.

However, a rift began to form within the family. Ali Mohammad’s sons suggested selling the ancestral property, but Masrat was hesitant. Tragedy struck when Hajra suffered a spinal cord injury in an accident, leaving her wheelchair-bound. This incident further strained family relations.

A series of conflicts between the daughters-in-law, Ulfat and Shabnum, escalated tensions. The two brothers decided to separate, with each occupying a different floor of the house. Ali Mohammad, with his ailing wife and handicapped daughter, moved back to their ancestral home.

Despite the challenges, Masrat refused to let her family’s spirit wane. She revived their bakery business, allowing them to sustain themselves with dignity and gratitude. Meanwhile, the two brothers eyed the 5 marlas of land registered in their mother’s name. They manipulated their mother into signing over the property and, later, prepared fraudulent ‘power of attorney’ documents claiming their parents suffered from Alzheimer’s disease. These documents led to the transfer of the entire property into their names, and they even sold a portion of it to Ulfat’s brother at a minimal cost.

Despite Ali Mohammad’s efforts to regain his property through the legal system, his weak and elderly state made the process arduous. Unfortunately, this story is not unique, as Kashmir has seen an increase in cases where senior citizens face abuse over property disputes with their adult children who prioritize property over their parents’ well-being.

Another case came to light on March 24 when an elderly woman lost her life at the hands of her brother-in-law and four accomplices in Dengiwara village, Rafiabad, Baramulla. In a disturbing incident, a 79-year-old man suffered severe burn injuries. His son and daughter-in-law allegedly doused him with an inflammable substance and set him on fire during a property dispute in Kagal tehsil, Maharashtra’s Kolhapur district.

This unfortunate incident stemmed from a family property dispute. The primary accused’s wife had a heated argument with her father-in-law, hurling abusive words at him. Subsequently, when the elderly man went to use the restroom, his son allegedly threw an inflammable substance into it and set it ablaze. Consequently, the elderly man sustained burn injuries.

An officer at the DC office recalls a heart-wrenching incident where a senior citizen approached them with trembling hands, clutching a complaint. He uttered, “I have toiled my entire life to provide a better future for my son. But now, he and his wife subject us to verbal abuse. I am filing this complaint because I am suffering. Eventually, this house will be his, so why can’t he endure our presence for a few more years?”

In another tragic incident, an elderly couple took their own lives, unable to bear the alleged harassment by their elder son over a property dispute in Ashireddypally village, Chandurthi mandal.

A senior citizen narrated his distressing story about his son, a wealthy non-resident who had returned to Kashmir from Canada with the intention of settling down in his octogenarian parents’ home. A few months after his return, the son initiated oppressive tactics to secure the property in his name. These tactics included cutting off the water supply to their section of the house and dumping garbage from his residence on the floor occupied by his elderly parents.

The father expressed his bewilderment at his son’s actions, saying, “I cannot comprehend how my own son can oppress his parents. We sent him abroad for higher education, financed his wedding, and fulfilled all his needs. Even after my death, ownership of this house will automatically be transferred to him.” He requested anonymity out of fear that his son would retaliate.

Expressing concern over the growing number of cases where senior citizens face persecution and deprivation at the hands of their children, particularly in disputes related to property, the Bombay High Court intervened in a case. The court ordered a daughter to vacate her 94-year-old father’s flat in South Mumbai. The court observed, “In this city, especially among the wealthy, senior citizens and elderly parents are being subjected to various forms of harassment and deprivation in their twilight years. We receive complaints from senior citizens, stating that their own sons and daughters are harassing them. In every case, the harassment is an attempt to seize the senior citizen’s property during their lifetime, without any consideration for their mental or physical well-being or happiness.”

Justice Pratibha Rani of the Delhi High Court also addressed a related issue. She emphasized that if parents had self-acquired the house, their son, regardless of marital status, could reside there solely at the discretion of the parents and not by legal right.

However, most senior citizens in Kashmir are unaware of their legal rights regarding property disputes and the removal of their children or relatives from their property. Despite the existence of the Maintenance and Welfare of Parents and Senior Citizens Act since 2007, which grants such rights, awareness remains low. This act clarifies that children are obliged to support their parents and cannot evade this duty. Under the act, a senior citizen can gift or transfer their property to a child with the condition that the child will provide for their basic amenities and physical needs. If the child fails to fulfill this obligation, the senior citizen parent has the right to approach a Maintenance Tribunal established under the act. They can request the tribunal to declare the gift or transfer as void due to being fraudulent, coercive, or made under undue influence.

Although the act itself does not provide for eviction or removal from the property, Indian courts, including the Supreme Court, have allowed the eviction of children or relatives from the property of senior citizens in cases of harassment or non-maintenance. Courts have also ordered the removal of children from their parents’ home when they have harassed their parents to transfer property by claiming to be future legal heirs. Eviction or removal of the child from the property has also been upheld if the child has entered into an agreement for the transfer of property on fraudulent grounds to harass their aged parent.

Exploiting a senior citizen or disabled person financially, with the intent to permanently deprive them of their property through deception, intimidation, undue influence, or force, is a criminal offense. It is crucial for us to act as responsible neighbors, friends, and relatives; otherwise, our society may descend into chaos, and children may harm their parents for material gain.

Dr Zubair Saleem is a Senior Geriatric Consultant and Gerontologist and Dr Showkat Rashid Wani is a Senior Coordinator, Directorate of Distance Education, University of Kashmir