Chennai: In a significant legal development, the Madras High Court has delivered a groundbreaking judgment that redefines the interpretation of the phrase “subject to condition” in Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
This landmark decision addresses the growing concern of parents being thrown out of their own homes by their children after property transactions.
Justice SM Subramaniam, presiding over the case, made several key observations that illuminate the court’s stance on the matter. His words carry substantial weight in providing clarity on the rights of parents in such property disputes.
“The phrase ‘subject to the condition that the transferee shall provide the basic amenities’ does not mean that the Gift or Settlement Deed should contain any such condition expressly,” Justice Subramaniam emphasized.
The court went on to underline that “Subject to the condition,” as used in Section 23(1), must be understood holistically with reference to the subsequent phrase, “deemed to have been made by fraud or coercion or undue influence.”
Both phrases, the court noted, amplify that “the phrase ‘subject to condition’ amounts to an implied condition to maintain the senior citizen, and any violation would be sufficient for the purpose of invoking Section 23(1) of the Act, to cancel the Gift or Settlement Deed executed by the senior citizen.”
Furthermore, the Madras High Court firmly established that “Love and Affection” should be considered an implied condition when senior citizens transfer their property, which serves as both the consideration for executing the Gift or Settlement Deed and an essential factor for determining the validity of such transfers.
The court stated, “Therefore, the recital shown above would be sufficient to satisfy the requirements of Section 23(1) of the Senior Citizens Act since the ‘Love and Affection’ and the good intention of the parents are the implied conditions for the purpose of invoking the deeming clause of fraud, coercion, or undue influence.”
This decision by the Madras High Court represents a significant departure from the earlier interpretation of Section 23 of the Act by the Supreme Court in Sudesh Chhikara vs. Ramti Devi. It provides parents with a stronger legal footing to protect their rights in property matters and ensures that “Love and Affection” serves as an essential safeguard in such transactions.
For parents who find themselves in disputes over property, this judgment reinforces their rights and offers a legal avenue to seek justice. It also sends a strong message to those who may attempt to exploit property transactions involving senior citizens.
In summary, the Madras High Court’s judgment serves as a beacon of hope for parents facing property disputes with their children, highlighting the importance of “Love and Affection” as an implicit condition in property transactions involving senior citizens.
If parents encounter difficulties in obtaining their rights or face a lack of maintenance from their children, they can now refer to this landmark judgment as a legal precedent to protect their interests. This decision not only upholds the principles of justice but also underscores the significance of respecting and caring for senior citizens within our society.
Author
-
by
-
