India

Transferred property cannot be taken back by parents: Madras High Court

Chennai. The Madras High Court has observed that property transferred by the elderly cannot be taken back under the Maintenance and Welfare of Parents and Senior Citizens Act, if the documents do not contain a condition that the recipient has to take care of them.

Justice R Subramaniam said that there are two essential pre-conditions for declaring a transfer of property as null and void under Section 23 of the Act. The first condition is that the transferred document must be executed after the force of law has come into force. The second condition is that it should make the transferor liable for maintenance.

The judge recently dismissed the plea of ​​S Selvaraj Simpson, saying that if either of the two conditions are not satisfied, the Chief Revenue Divisional Officer (RDO) of the Maintenance Tribunal will consider the pleas for declaring the documents as invalid. can not do.

The petitioner sought a direction to the RDO at Ambattur to take cognizance of the complaint against her son which has left her destitute. The judge, however, said that the petitioner can initiate appropriate proceedings for seeking maintenance from his son and also seek cancellation of the property transfer deed before the civil court, subject to settlement.

The judge noted that Section 23 of the Act clearly states that any senior citizen who has gifted or transferred his property after the commencement of the Act can seek cancellation of the same only on the ground that Can request, if the transfer was made on the condition that they will have to be maintained.

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