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Senior Citizens Act, 2007 – Section 23 – Maintenance Tribunal is not a civil court and has no powers to declare a registered gift deed as fraudulently executed

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The complainant senior citizen and father of the petitioner was aged 100 years and had 4 daughters & 3 sons.   It was alleged that the petitioner younger son took the complainant to Taluka Office by misrepresentation and got registered a document in his favour. 

After nine months, the complainant father was driven out of the house.  Subsequently, the complainant came to know that the petitioner got gift-deed of his entire land from him.

By the order dated 6.1.2014 of the President, Maintenance and Welfare of Parents and Senior Citizens Tribunal, Bengaluru, to cancel the registered Gift Deed dated 28.1.2014 since the transfer was void and also the gift deed was fraudulently executed.

By the Judgment dated 3.3.2023 in W.P.No.12226 of 2020 of the learned Single Judge of the Karnataka High Court dismissed the writ petition.

HELD that the condition of treating the gift deed as void was satisfied since the condition of taking care of the father was manifestly breached.   However, the Maintenance Tribunal has powers only to declare the transaction void under Section 23(1) only within the confines of said provision.  Concept of fraud or coercion in Section 23(1) to declare deed as void is limited to the breach of condition of taking care of senior citizen parents and provide amenities.

The term “fraud and coercion” in Section 23 cannot be enlarged to the normal concept of “fraud” or “coercion” in civil law. For Section 23, the fraud is that the transfer is effected and breach of condition of providing amenities.  It is in this limited sense that “fraud or coercion or undue influence” in Section 23 has to be understood and applied.

The Maintenance Tribunal is neither a civil court nor it exercises powers of the Civil Court under Section 23.

Judgment dated 24.4.2024 in Writ Appeal No.339 of 2023 (GM-RES) of Sri Jayashankar  Vs. The Assistant Commissioner North Taluka and others

 

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