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.

2018 PLRonline 005

See also : Section 23 - Maintenance and Welfare of Parents and Senior Citizens Act, 2007