Rights of a senior citizen to claim back their transferred property under Maintenance and Welfare of the Parents and Senior Citizens Act, 2007

Senior citizens can reclaim property transferred to heirs if they are not provided with care as promised. Under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a tribunal can declare such transfers void, protecting the elderly from neglect and ensuring their well-being.

Application of Section 23 of the Act

The Supreme Court, after scrutinizing the Gift Deed and Promissory Note, held that the two ingredients necessary for the application of the Section 23, as propounded in Sudesh Chhikara v. Ramti Devi, (2022 INSC 1257), i.e., the transfer should have a condition attached to it regarding maintenance and basic needs, and the transferee has failed to provide such amenities and physical needs to the transferor, were fulfilled in the present case. The Supreme Court thus held that both documents had a condition of maintenance of the mother by the son, which was not honored (¶¶ 20-23).

The Supreme Court held that the purpose of the Act is to provide speedy, simple, and inexpensive remedies for the elderly, and therefore the authorities under the Section 23 of the Act have the power to order eviction and grant possession of the property to the concerned senior citizens