jatin sachdeva 03 March 2022

In fraudlent transfer of property taken plea of senior citizen act in appeal

in a civil suit father has initiate suit on his son , saying he had played fraud on him and got the transfer deed of property registered in his name and he was only interested to make will in favour of all 3 sons. the said suit was dismissed in trail court.and in between father got expired and now in appeal LR's of applicant in their wriiten arguments have provided reference of case law of section 23(1) of senior citizen act 2007. Please guide can he take this reference in this appeal case and how can we proceed now in this suit.

Thanks in advance

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3 Replies

Palak batra 04 March 2022

Dear Querist,

Sec 23(1) of senior citizenship act, 2007 states that in case the children fail to take care of their parents after transfer of their parent's property in their favour, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence.

It depends upon the facts and circumstances as held by Kerala High Court passed a judgement on September 22, 2020 held that the conditions mentioned under section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, for providing basic needs and amenities to senior citizens must be explicitly stated in the document of transfer.

Regards,

Palak

Shweta 05 March 2022

Hey Palak,

Could you please elaborate?

Thanks!

Palak batra 05 March 2022

In SUBHASHINI vs. DISTRICT COLLECTOR case, the court held that the condition as required under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, for provision of basic amenities and basic physical needs to a senior citizen has to be expressly stated in the document of transfer, which transfer can only be one by way of gift or which partakes the character of gift or a similar gratuitous transfer.

The bench comprising Justices K.Vinod Chandran, VG Arun and TR Ravi observed that there can be no implied condition to assume jurisdiction under Section 23(1) merely for the reason that the document contains a reservation of life interest.

Regards,

Palak