Senior Citizens Act, 2007 – Annulment of Deeds of Property Gift to the son for denial of basic amenities to the mother
Senior Citizens Act, 2007 – Access to property, Care, Medical Expenses & Maintenance – Welfare decision of the Bombay High Court
The respondent no.1 filed an application against the petitioners – younger son and daughter-in-law – under Sections 4, 5 and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act of 2007) for the following reliefs –
- Revocation of two Gift Deeds dated 18.5.2017;
- Eviction of the petitioners from the Bungalow at Juhu, Mumbai
iii. Access to the respondent no.1 mother to the Bungalow “Avi-n-Ash”
- Monthly maintenance of Rs.2,00,000 and
- Medical expenses of Rs.10 lakhs
The respondent no.2 elder brother was added as respondent no.3 to the above application.
Under two Gift Deeds, the respondent no.1 mother transferred her share in Bharat Bhavan properties and also Flat No.11 in favour of the petitioner no.1 Ashwin on his assurance to take her care during her entire life. Similarly, on 29.5.2018, MOU was executed between the mother, younger son Ashwin and elder son Avinash for further settlement of properties between both the brothers.
The Maintenance Tribunal, however, partly allowed the application vide Order dated 12.4.2022, declared both the Gift Deeds as null and void, return of original title deeds, granted access to the mother to the bungalow and restrained the petitioners from causing mental / physical harassment.
Aggrieved by the said order, the petitioners have filed the writ petition challenging the order to the extent of cancellation of Gift Deeds and the injunction order.
One of the contentions raised by the petitioners was that the condition to provide basic amenities or physical needs to the mother was not mentioned in the Gift Deeds, there was no evidence led by the mother and therefore, the condition of refusal of provision cannot be inferred.
On behalf of the mother, it was contended that (i) there is no statutory requirement that gift deed must contain a covenant that transfer was in consideration of basic amenities, (ii) since the statutory objective is to provide maintenance to the senior citizens, such condition of basic amenities is inherent in every transfer of property; (iii) the gift deeds were effected for love and affection of mother and once it vanishes, the mother is entitled to seek property under Section 23 of the Act of 2007 and (iv) the Family Settlement Deed provided that the properties would be given to the petitioner no.1 after the death of her mother.
HELD that the mother has made out a specific case of denial access to the bungalow where she was residing for 30 longs years and removal of her belongings, denial of access to own residential house amounts to denial of basic amenities under Section 23 of the Act of 2007 and the order to restore ownership of gifted properties for smooth access to her own residence subserves the objective of Act of 2007
Judgment dated 7.9.2023 of the High Court of Bombay in Writ Petition No.6022 of 2022 – Ashwin Bharat Khater and another Vs. Urvashi Bharat Khater and another (generatenewauth.php (bombayhighcourt.nic.in)
