The Bombay High Court has dismissed a writ petition filed by a husband and his wife challenging the orders of the Maintenance Tribunal and Appellate Authority, which had declared a 2022 gift deed executed by an 86-year-old senior citizen in their favour as void under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Justice N.J. Jamadar noted that the senior citizen, father of Petitioner 1, was diagnosed with suspected throat cancer and was hospitalized around the time he was allegedly coerced into executing a partnership deed and subsequently a gift deed transferring his flat and business interests. The Tribunal found that after obtaining the transfer, the petitioners neglected and harassed the senior citizen, depriving him of basic needs and confining him to a single room in his own residence.
Rejecting the petitioners’ contention that the gift deed lacked an express condition of maintenance, the Court held that such a condition is implicit when a senior citizen parts with property in favour of close family members during old age.
Observing that the case exemplified the abuse of familial trust and underscoring the Act’s beneficial intent, the Court upheld the Tribunal’s order voiding the gift deed and protecting the senior citizen’s right to property. The petitioners were granted three weeks to remove their belongings from the disputed flat.
Appearance:
Mr. Chirag Mody with Mr. Bhavin Gada, Mr. Deepak Shukla, Ms. Aanchal Singhania, Mr. Praveen Maurya i/by BNS Legal for Petitioners.
Mr. Kamlesh Mishra, for Respondent No.1.
Mrs. Savina R. Crasto, for State
