Section 23 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- (1)Where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of 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 by the Tribunal.
- (2)Where any senior citizen has a right to receive maintenance out of an estate and such estate or part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of right.
- (3)If, any senior citizen is incapable of enforcing the rights under sub-sections (1) and (2), action may be taken on his behalf by any of the organisation referred to in Explanation to sub-section (1) of section 5.
Summary
- If a senior citizen transfers property (like a gift) after this Act started, it can be cancelled if a specific condition is met.
- The condition is that the person receiving the property (the transferee) must have agreed to provide basic needs and care to the senior.
- If that person then fails or refuses to provide that care, the law treats the transfer as if it were made by fraud or pressure.
- The senior citizen can go to the Maintenance Tribunal to have the transfer declared void, which means the property goes back to them.
- If a senior citizen is physically or mentally unable to act, a registered organization can file this case for them.
- These organizations are defined in Section 5 as voluntary associations registered under the law, such as the Societies Registration Act.
Practical examples
FAQ
1. Can I get my property back if I gifted it before the Act started in 2007?
No, this provision specifically applies to transfers made after the commencement of the Act.
2. Does the agreement to provide care have to be part of the transfer?
Yes, the transfer must be subject to the condition that the person receiving it provides basic amenities and physical needs.
3. What happens if the Tribunal declares a transfer "void"?
It means the transfer is cancelled and the property is no longer owned by the person who failed to provide care.
4. Who can help a senior citizen who is too weak to go to the Tribunal?
A registered organization, like a registered voluntary association, can take action on their behalf.
Test yourself
Q1.Under Section 23 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a property transfer can be declared void if it happened after the Act started and which other condition is met?
Q2.According to Section 23 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, when a transferee fails to provide care as promised, the transfer is legally deemed to have been made by what?
Q3.Under Section 23 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, who has the power to declare a property transfer void?
Q4.Under Section 23 and the cross-reference to Section 5 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, what kind of "organisation" can act for an incapable senior citizen?