Senior Citizens Act – Cancellation of Gift Deed for Want of Care & Maintenance
the post of Verdictum and the Judgment dated 2.11.2026 of the Division of the High Court of Karnataka at Bengaluru in Writ Petition No.1008 of 2025 of Narasimhamurthy N Bin Naraimhappa Vs. The Assistant Commissioner Chikkaballapur.
Respondent Nos.4 and 5 had filed the said petition challenging the order dated 03.03.2023 passed by the Assistant Commissioner, Chikkaballapura Sub-Division, Chikkaballapura under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 [the Act] canceling the registered Gift Deed dated 13.03.2017 executed in their favour.
The learned Single Judge had allowed the said prayer on two grounds. First, that a petition filed by Sri. Narasimhappa alias Dodda Narasimhappa [Senior Citizen] did not contain any such prayer and second, the gift deed did not contain any covenant or condition to the effect that the donee would provide basic amenities and basic physical needs to the Senior Citizen. According to the learned Single Judge, the gift deed necessarily required recording such a condition for the Senior Citizen to avail the benefit of Section 23 of the Act. The learned Single Judge also referred to the decision of the Supreme Court in Sudesh Chhikara v. Ramti Devi1, in support of the said decision.
