Transfer of Property via way of means of a Senior Citizen may be Set Aside.

Hearing a petition filed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 filed by Ramti Devi who is a mother stated that her relationship with her son and daughters was strained and therefore, her son and daughters were not maintaining her. 

The Maintenance Tribunal had recorded a finding that the respondent’s children were not willing to take her care. When the order of the Maintenance Tribunal was challenged by way of a writ petition before the High Court, the order of the Maintenance Tribunal was re-confirmed by the High Court. 

The aggrieved mother approached Supreme Court by appealing against the High court’s judgment. Setting aside the impugned order passed by the Maintenance Tribunal as well as the order passed by the High Court Supreme Court held that Effecting transfer is subject to a condition of providing the basic amenities and basic physical needs to the transferor– 

The senior citizen is the sine qua non for applicability of sub-section (1) of Section 23 – The order of the Maintenance Tribunal cannot be sustained as the twin conditions incorporated in sub-Section (1) of Section 23 were not satisfied.