The Rajasthan High Court has stepped in to examine a distressing case involving an elderly couple from Jaipur who allege they were illegally deprived of their property and denied their legal rights. The court issued formal notices to the state government and other parties on Thursday, seeking their responses within four weeks.
Couple's Plea Against Alleged Injustice
Justice Sandeep Taneja of the Rajasthan High Court issued the notices after hearing a petition filed by 90-year-old Ramjilal Khandelwal and his 88-year-old wife, Sharda Devi. The nonagenarian couple, residents of Jaipur, have challenged orders from the sub-divisional magistrate and the district magistrate which rejected their application for maintenance and protection under the law.
Their counsel, Advocate Sarthak Rastogi, presented a harrowing account to the court. He stated that Ramjilal was the absolute owner of a residential property located in Adarsh Nagar, Jaipur, and also held a 25% partnership stake in M/s RS Industries. The core of their grievance lies in the alleged actions of their eldest son.
Allegations of Trust Misuse and Illegal Transfer
Advocate Rastogi alleged that the couple's eldest son misused their trust. He claimed that the son executed a general Power of Attorney and a gift deed to transfer the Adarsh Nagar property to his own son (the couple's grandson) without obtaining the consent of Ramjilal and Sharda Devi.
As a consequence of this alleged transfer, the elderly couple was dispossessed from their own home. They were forced to move into rented accommodation, facing immense hardship in their advanced age. Their counsel argued that the local authorities failed to protect their rights as guaranteed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Legal Provisions and Court's Observation
Highlighting the purpose of the Act, Rastogi emphasized that it empowers authorities to annul property transfers that undermine the rights of senior citizens to maintenance and a life of dignity. He contended that this legal safeguard was not applied in the couple's case.
Justice Sandeep Taneja acknowledged that the petition raises "substantial issues relating to the scope and application of the Senior Citizens Act." Consequently, the court issued notices to multiple parties, including:
- The Secretary of the Department of Social Justice and Empowerment
- The District Collector of Jaipur
- RIICO (Rajasthan State Industrial Development and Investment Corporation)
- The couple's own children
The respondents have been given a four-week deadline to file their replies. The court's intervention offers a glimmer of hope for the aged petitioners, setting the stage for a crucial legal examination of the protections afforded to India's elderly population.
