SC restrains son from dealing in properties of 89-year-old mother suffering from dementia

“You seem to be more interested in her properties. This is the tragedy of senior citizens in our country”, said the Supreme Court as it restrained a son from dealing with the properties of her 89-year-old mother, suffering from advanced dementia and having no comprehension of either verbal or physical cues.

The top court asked the counsel appearing for the son to take instruction on the issue of whether the younger sisters residing in Noida can be allowed to take care of their mother either in the hospital or at home, as advised by the doctors.

A bench of Justices DY Chandrachud and Surya Kant took serious note of the fact that the son took his mother who is also virtually immobile to a registrar’s office in Motihari, Bihar to get her thumb impression to allegedly sell off her properties worth Rs two crore.

“You seem to be more interested in her properties. This is the tragedy of senior citizens in our country. You took her to the registrar's office in Motihari to get her thumb impression despite the fact that she is suffering from an advanced stage of dementia and could not make out a thing”, the bench said on May 13, while hearing a habeas corpus petition filed by the sisters.

Senior advocate Priya Hingorani and advocate Manish Kumar Saran appearing for petitioners Pushpa Tiwary and Gayatri Kumar who are daughters of Vaidehi Singh (89-year-old mother) submitted that they have looked after her until 2019 until the lockdown and eventually intervened in March 2020 and are ready and willing to look after her and to provide her with either hospital or home care as may be advised by the doctors.

Hingorani claimed that other siblings are not allowed to even meet or visit their mother, who is in the custody of their eldest brother and once they were allowed to meet but in the presence of police and there was no privacy.

The bench said that the counsel for the fifth respondent (Krishna Kumar Singh, eldest son and at present having the custody of the mother) shall take instructions on the proposal which has been put forth by the counsel for the petitioners so that necessary orders can be passed on the proposal after hearing the rival parties.

The counsel for Krishna Kumar Singh said that in Noida the sister has only a two-room flat and there will be the constraint of space.

The bench observed, "it does not matter how big your area is but what matters is how big your heart is".

The bench noted in its order, “Unfortunately, it has emerged during the course of the proceedings that despite the serious physical and mental condition of the mother, the fifth respondent has proceeded to deal in her properties by seeking the presence of the mother as a confirming party to the execution of sale deeds”.

It directed, “Pending further orders, there shall be no further transactions in respect of any property, movable or immovable, of Smt Vaidehi Singh.”

The bench also perused the report submitted by the medical board at the Medanta Hospital, Patna, and said that the occasion for the medical examination of the mother of the contesting parties has arisen in the course of the hearing of the habeas corpus petition due to the serious apprehension expressed by her daughters, that their mother is not being provided medical care by the fifth respondent, their brother.

“The report of the Medical Board indicates that Smt Vaidehi Singh is suffering from advanced dementia and is found to have no comprehension either on verbal or on physical cues”, it said and directed that the registry shall furnish the copies of the report of the medical board to counsel appearing on behalf of contesting parties.

It listed the matter for further hearing on May 17.

Vaidehi Singh has four sons and two daughters.

On April 18, the top court noted that serious apprehension has been expressed as regards the health and well-being of the mother of the petitioners.

It had directed, “In order to ensure the welfare and well-being of their mother, Smt Vaidehi Singh, we direct that she be examined by a Medical Board to be constituted by the Director of Medanta Hospital, Patna within a week from the date of this order”.

It had said that for the purpose, the fifth respondent (Krishna Kumar Singh) shall ensure that all arrangements are made for the transportation of Smt Vaidehi Singh in an equipped ambulance from the place of her residence at Muzaffarpur to Medanta Hospital, Patna, and for her return after medical examination.

“Access shall also be provided to the petitioners and to the sixth, seventh and eighth respondents when their mother is taken for medical examination to Medanta Hospital. The fifth respondent shall bear the expenses of the medical examination and all other incidentals”, the bench had directed.

It had said that a report of the Medical Board in a sealed cover shall be submitted by the Director of Medanta Hospital to the Registrar General of the Patna High Court for onward transmission to the Registrar (Judicial) of this Court.

Earlier on March 28, senior advocate Rebecca M John, appearing for Singh, stated that after the mother of the parties was discharged from Ganga Ram Hospital, Delhi, she is living with the eldest son at Muzaffarpur, Bihar.

The bench had then directed Singh to give access to his siblings whenever they desire to do so since they are entitled to meet their mother and ensure her well-being.

On March 14, the top court had agreed to hear the habeas corpus plea filed by the sisters through Saran seeking the production of their mother.