Question of cancellation of the transfer deed and the status
Satya nand aggarwal
(Querist) 06 February 2021
This query is : Resolved
Son got the house property from parents by transfer without mentioning any condition to look after and the son thereafter sold to A.
That A took a loan from the bank and got the lien marked in the revenue record..
My question is whether the parents can declared the sale deed void under section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007.?
What will be the status of the bank who advanced the loan to A ?
Advocate Bhartesh goyal
(Expert) 06 February 2021
Sale deed neither can be declared void nor can be cancelled under the provisions of Maintenance and Welfare of Parents and Senior Citizen's Act 2007 since son has purchased the property by paying sale consideration.if the property had been transferred through gift deed in favour of son then the provisions of said act could be applied when son does not care and avoids to look after parents ..
Satya nand aggarwal
(Querist) 06 February 2021
Respected Goyal Sahib My query is totally different .
I am repeating my question again.
Son got the house property from parents by registered deed without any consideration and i.e. out of love without mentioning any condition to look after them in future in the transfer deed.
Then the son sold it to A vide regd sale deed. A took a loan from the bank after mortgage and by depositing the original sale deed with the bank. Lien in favour of the bank was also marked.
My question is
Whether the parents can get the transfer deed executed by them in favour of their son to be void under section 23 of the Maintenance and welfare of the Parents and senior citizens act 2007 ?
Secondly what will be status of A who purchased the property for valuable c consideration ?
Thirdly what will be status of the bank of advanced the loan to A?
K Rajasekharan
(Expert) 06 February 2021
The Claim Tribunal or a Court declaring a gift deed, which does not specifically state any condition, void is unacceptable in law based on the law as it stands today.
But there were judgements that allowed cancellation of any gift deed which stated no condition but on the basis of interpreting the implications of a gift in Kerala High Court itself.
A three judge bench of the Kerala High Court in “Subhashini v District Collector” (see link below) delivered on 22 September 2020 declared that any gift or gratuitous transfer deed can be cancelled under Section 23 of the Senior citizens act but the court cannot rely on some implied condition as it was done earlier by a two judge bench of the court.
So normally the gift deed in this case cannot be declared void under Section 23 of the act.
Even if such a thing happens as a remote possibility, neither the owner A nor the bank will have to suffer under any circumstances. Both will have unfettered claim.
The burden will definitely be on the son who obtained gratuitous transfer deed. The court will have to decide such matter according to the specific facts of this issue.
https://indiankanoon.org/doc/163884071/
