Senior Citizens Act 2007 – Section 23 – Cancellation of Gift Deed – Consideration of ownership of property is important – Condition of gift for maintenance can be proved by pleadings and evidence
Respondent No.2 father has three sons. His wife Binadevi died on 18.2.2019. The father had alleged that his son petitioner Nitin got executed gift deeds dated 21.6.2019 and 25.9.2020 in respect of four properties including two flats and took possession.
On 14.4.2021, the respondent no.2 left for Surat to reside with another son Sharad. He was forced to reside at Surat on account of ill-treatment given by the petitioner, he has no source of income and has no other property with him. The shares, mutual funds, PPF and jewellery were also transferred by the petitioner in his name / custody. The Respondent No.2, therefore, prayed for return of his properties and also monthly maintenance of Rs.50,000/-.
By the order dated 31.10.2022, the Maintenance Tribunal has declared the gift deeds as null and void and directed the petitioner to hand over possession of two flats.
The petitioner son contended that there was no provision for basic amenities in the gift deeds and same is sine qua non for cancellation of gift deed under Section 23(1) of the Senior Citizens Act, 2007. Secondly, the application for revocation of gift deeds is made at the behest of another brother Sharad who is interested in getting share in the properties gifted to the petitioner.
HELD that the respondent no.2 father was neither full in respect of flat no.708 nor became full owner after the death of Binadevi. This is because admittedly third son Hemant has not released his share in Flat Nos.2005 and 2006 as also in Flat No.708 in favour of father. Thus, respondent no.2 father is not the absolute owner of any of three flats. Therefore, the direction to hand over possession of the flats on the assumption that father has 100% owner of all flats is erroneous. The Tribunal ought to have passed an order in such a manner that the father is provided basic amenities and basic physical needs. The father can be provided residence in one out of three flats with fixed monthly maintenance.
Judgment dated 10.4.2024 in W.P.No.590 of 2023 of Nitin Rajendra Gupta Vs. Deputy Collector, Mumbai and others
Existence of condition of basic amenities need not be specifically incorporated in the transfer / gift document and same can always be established before the Maintenance Tribunal through pleadings and evidence. This interpretation would subserve the objective of the provision for welfare of senior citizens. Existence of such a condition can be inferred in the present case and the Gift deeds were subject to the condition of basic amenities.
The provision of Section 23(1) of the Senior Citizens Act operates as exception to a validly effected transfer of immovable properties which can be revoked in rare and exceptional circumstances. The Maintenance Tribunal has to ensure that the provision is not misused by children who are denied share by seeking to get gift deed annulled by filing application through senior citizen.
