📝 Legal Learning – Shri Ganpati Jurists
Section 23 – Maintenance and Welfare of Parents and Senior Citizens Act, 2007
To understand the scope of powers exercised by the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, it is essential to examine Section 23, which deals with situations where property is transferred by senior citizens with the expectation of care and support.
🔍 Section 23: When Transfer of Property Becomes Void
Section 23 provides that:
If a senior citizen transfers property after the commencement of the Act,
Subject to the condition that the transferee will provide basic amenities and physical needs,
And the transferee fails or refuses to provide such care,
➡️ The transfer shall be deemed to have been made by fraud, coercion, or undue influence, and
➡️ The Tribunal may declare such transfer void, at the option of the senior citizen.
Additionally:
If a senior citizen has a right to receive maintenance from an estate, and such estate is transferred, that right may be enforced against the transferee if they had notice or if the transfer was gratuitous.
Proceedings may even be initiated on behalf of the senior citizen if they are unable to act themselves.
🎯 Purpose of the Act
This Act is a benevolent, social-welfare legislation.
It aims to:
Protect the dignity and financial security of senior citizens.
Ensure that their basic needs—food, shelter, healthcare—are met.
Prevent exploitation through property transfers that leave them vulnerable.
However, courts have repeatedly emphasized that:
❗ The Act is not meant to be misused for ordinary civil or property disputes within families.
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