Section 23
Maintenance and Welfare of Parents and Senior Citizens Act
Tehsildar went in the house and found senior citizens were full senses and were not aware about the gift deed
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (50 of 2007) Section 23 – Gift deed executed in favour of petitioner has been cancelled – If any senior citizen, out of love and affection, gives his house or property to any loved one or legal heir for the reason that he (senior citizen) will be looked after by him/her, but subsequently, the senior citizens are not taken care of by that person(s), then the gift deed can be set aside – House was locked from the outside – Tehsildar went in the house and found senior citizens were full senses and were not aware about the gift deed – Since execution of the gift deed was not found to be genuine, both the Courts have rightly set aside the gift deed.
(2021-2) Punjab Law Reporter 256
No evidence has been led by the present petitioner as regards providing basic amenities as also due care to her mother
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (50 of 2007) Section 23 – After the transfer deeds having been executed, the mother was left with no option but to leave the village and to stay with her son - In the application there were specific averments of the daughter/present petitioner as also her husband misbehaving with her and not even providing medical treatment - The factum of the mother residing at Patiala with the son for the last few months is not even controverted – Mother is aged 80 years - No evidence has been led by the present petitioner as regards providing basic amenities as also due care to her mother - Suffice it to observe that transfer of the two parcels of land had been made by the mother with the fond hope and expectation that she would be looked after in the twilight of her life - The petitioner having failed to discharge her obligations towards her mother, she has made herself liable for avoidance of the transfer deeds
Love and affection and the services rendered - Such reason is not one time factor but continued hope that the appellant would continue same love and affection even after the property is transferred
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Section 22, Section 23 - Transfer was affected in lieu of services of the appellant and love and affection - The mother has executed transfer deed in lieu of the love and affection and the services rendered - Such reason is not one time factor but continued hope that the appellant would continue same love and affection even after the property is transferred - The services rendered or the love and affection is not a completed action - The transfer was with a pious hope that son will continue to serve the parents as was being done prior to the execution of the document. Having failed to take care of physical needs and basic amenities of the parents in their old age, the appellant has made himself liable for avoidance of the transfer documents in terms of Section 22 of the Act – order upheld.
Plea of ready to serve and look after the senior citizen
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (50? of 2007) Section 23 – Transfer of Property – That the petitioner still being ready to serve and look after the senior citizen is concerned, such submission ought to be raised before the competent authority where the application filed under Section 23 of the 2007 Act is still pending and for such authority to examine the same.
(2021-2) Punjab Law Reporter 282
Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is applicable even if the conditions stipulated therein viz. that the transferee shall provide the basic amenities and basic physical needs to the transferor, is stipulated only orally and is not in writing or is not a part of the document of transfer
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) - Section 23, Section 3, Section 4 - “Whether Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is applicable only where the conditions stipulated therein viz. that the transferee shall provide the basic amenities and basic physical needs to the transferor is in writing or a part of the document of transfer?” - “The reference is accordingly answered as follows:- Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is applicable even if the conditions stipulated therein viz. that the transferee shall provide the basic amenities and basic physical needs to the transferor, is stipulated only orally and is not in writing or is not a part of the document of transfer.”
Does not require the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor, to be stated in writing
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007), Section 23 - The plain language of Section 23 does not require the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor, to be stated in writing in the document that transfers the property or in any other document - Considering the nature of the Act we do not consider it necessary or appropriate to read such a requirement into Section 23 of the Senior Citizens Act - It is neither expressly provided nor required by necessary intendments.
Provisions of the Act to be construed liberally in favour of the senior citizens
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007), Preamble - Warrants the provisions of the Act to be construed liberally in favour of the senior citizens and not against them.
Registration Act - Senior Citizens Act would prevail over the provisions of the Registration Act
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007), Section 23 - Registration Act, 1908 (16 of 1908), Section 17(1)(a) - Submission that a gift is mandatorily registerable under section 17(1)(a) of the Registration Act, 1908 and that for registration, a document must be in writing and therefore, if the condition stipulated in section 23 of the Senior Citizens Act, is not stated in the document of transfer, the party cannot rely upon the document in view of section 49 of the Registration Act - The submission is not well founded - Even assuming that the submission is well founded, the provisions of the Senior Citizens Act would prevail over the provisions of the Registration Act for the same reason that they prevail over the provisions of the Transfer of Property Act or any other enactment for that matter - If we are right in holding that the condition may be even oral it would follow that a registered document without such a condition would not prevent the senior citizens from pleading the condition stipulated only orally.
Transfer of Property Act - Provisions of Section 23 are in addition to and in any event different to an extent from the provisions of Section 126 of the Transfer of Property Act and not in derogation thereof
Transfer of Property Act, 1882 (4 of 1882), Section 126 - Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) - Section 23 - Section 126 of TPA does not preclude or prevent a donor and donee agreeing that if the donee refuses or fails to provide basic amenities and basic physical needs to the donor the transfer of the property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void - Section 126 merely provides that a gift which the parties agree shall be revocable wholly or in part at the mere will of the donor, is void wholly or in part, as the case may be - Section 23 of the Senior Citizens Act makes the gift voidable at the option of the donor provided the conditions stipulated therein are not fulfilled - The provisions of Section 23 are in addition to and in any event different to an extent from the provisions of Section 126 of the Transfer of Property Act and not in derogation thereof - Section 23 provides for additional safeguards to the senior citizens - Section 126 does not deal with these aspects - Even assuming that there is any inconsistency between Section 23 of the Senior Citizens Act and Section 126 of the Transfer of Property Act, the provisions of the former must prevail as it is a special enactment whereas the Transfer of Property Act is a general enactment relating to the transfer of property.
A specific condition that the basic amenities would be provided to the parent, need not be incorporated in the transfer deed(s) - It is deemed to be read into it
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (50 of 2007) Section 23 – Plea that there was no condition incorporated in the transfer deeds with regard to providing the basic amenities and basic physical needs to the transferor as per Section 23 of the Act and in the absence of such a stipulation, the orders setting aside the transfer deeds could not have been passed - Needless to say in such a situation a specific condition that the basic amenities would be provided to the parent, need not be incorporated in the transfer deed(s) - It is deemed to be read into it - As parents make such a transfer out of love and affection and have no reason to believe that after the transfer the ward would turn his/her back on them and refuse to provide basic amenities and day to day facilities.