Wednesday, December 12, 2018

Sons lose inherited land for torturing their father

In a landmark decision, the sub-divisional magistrate of Anjar in Kutch district has ordered three sons of an 81-year-old farmer to return the agriculture land that was bequeathed to them after finding that they had meted out inhuman treatment to their father after getting the land.
Farmer Ganesha Chamaria had bequeathed 20 acres land in parts to his three sons in 2012. However, his three sons — Karamshi, Shyamji and Rupa — turned their backs on him as soon as they inherited the land. Karamshi and Shyamji are settled in Mumbai and have a business there.
Talking to TOI, Chamaria said, “As soon my sons got the property, they started ignoring me and then started torturing me physically and mentally. I did not have money to even meet my daily expenses. It was a rude shock for me as I never expected my own sons to treat me like this.”
Amid all this bitterness, Chamaria got another shock when the sons tried to grab his small plot of land near Dudhai village and began construction there in June this year.

Farmer alleges sons even thrashed him

Ganesha Chamaria then lodged a complaint with Anjar SDM Vijay Rabari, who is also the president of the maintenance tribunal of Kutch. He requested the SDM to reverse the entry of 20-acre prime land under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Chamaria also stated in his application that his two sons had borrowed money from him to buy a house in Mumbai around 10 years ago. However, when he asked them to return the money, they allegedly threatened him and even thrashed him.
When contacted, SDM Rabari, “I began an investigation into his complaint and talked with some leaders of his community. I found that his complaint was genuine. As per Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, I used my power and cancelled the mutation entry of 20 acres land given to his sons.”
Rabari also rejected the arguments of Chamaria’s sons that the latter had sold another land parcel for Rs 9 lakh and that he doesn’t require maintenance money. The SDM also rejected their contention that the land was inherited and not earned by their father.
Chamaria’s two married daughters also testified in his favour.
As per the notification issued by the state social justice department in 2009, under the Maintenance and Welfare of Parents and Senior Citizen Act, if any property is transferred with the condition that the receiver will fulfil the basic needs of the donor, the same can be taken away forcefully if the condition is not adhered to. The donor has right to apply for cancellation of such transfer entry in the revenue records.

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