{"id":338513,"date":"2025-01-07T09:00:05","date_gmt":"2025-01-07T03:30:05","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=338513"},"modified":"2025-01-06T18:19:14","modified_gmt":"2025-01-06T12:49:14","slug":"supreme-court-quashes-gift-deed-senior-citizen-son-maintenance-obligations","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/01\/07\/supreme-court-quashes-gift-deed-senior-citizen-son-maintenance-obligations\/","title":{"rendered":"Supreme Court quashes gift deed executed by elderly mother in favor of son due to non-compliance with maintenance obligations under MWPSC Act"},"content":{"rendered":"
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Supreme Court:<\/span> In an appeal filed against the judgment and order passed by Madhya Pradesh High Court, wherein the Single Judge affirmed the judgment passed by the Collector and the SDM allowing the application filed by the appellant mother under Section 23<\/a> of the Maintenance and Welfare of the Parents and Senior Citizens MWPSC Act, 2007<\/a> (‘MWPSC Act,’) seeking setting aside of Gift deed dated 09-09-2019, the division bench of C.T. Ravikumar and Sanjay Karol, JJ. set the gift deed executed by a mother in favour of her son after conditions for her maintenance were not complied with. Further, directed the possession of the premises to be restored to the appellant by 28-02-2025.<\/p>\n

Background<\/h3>\n

The appellant, the mother of the respondent son, purchased the subject property on 23-01-1968. On 07-09-2019, she executed a Gift Deed in favor of the respondent, stating that the donee would maintain and provide for the donor, and the deed was registered on 09-09-2019. Allegedly, on the same day, the respondent executed a vachan patra<\/span> (promissory note), committing to take care of the appellant for her lifetime, with a clause allowing the appellant to revoke the Gift Deed if he failed to do so. The respondent has since claimed this vachan patra<\/span> to be fabricated. Following a breakdown in their relationship and allegations of harassment for further property transfers, the appellant filed an application under Sections 22<\/a> and 23<\/a> of the Maintenance and Welfare of Parents and Senior Citizens MWPSC Act, 2007<\/a>, seeking to set aside the Gift Deed. The Sub-Divisional Magistrate allowed the application, declaring the Gift Deed null and void, and the decision was upheld on appeal observing that the respondents had not approached the Court with clean hands and had failed to serve their parents who are senior citizen. However, a Division Bench of the High Court later set aside these orders, ruling that Section 23<\/a> of the MWPSC Act<\/a> is a standalone provision and the function of the Tribunal is only to find out whether the condition in the gift deed or otherwise contains a clause providing for basic amenities and whether the transferee has refused or failed to provide them. There is no other jurisdiction vested with the Tribunal. Thus, aggrieved, the appellant filed the present appeal.<\/p>\n

Issue<\/h3>\n

Whether the High Court was correct in setting aside the order of the Tribunal, granting benefit of Section 23<\/a> of the MWPSC Act<\/a>, to the appellant?<\/p>\n

Analysis and Decision<\/h3>\n

Noting the statement of object and reasons of the MWPSC Act, 2007, the Court observed that it is intended towards more effective provisions for maintenance and welfare of parents and senior citizens, guaranteed and recognised under the Constitution. Therefore, it is apparent that the MWPSC Act is a beneficial piece of legislation, aimed at securing the rights of senior citizens, in view of the challenges faced by them.<\/p>\n

The Court reiterated that it is a social obligation for both sons and daughters to maintain their parents when they are unable to do so.<\/p>\n

The Court took note of Section 23<\/a> of the MWPSC Act<\/a>, which lays down circumstances when the Transfer of property will be void.<\/p>\n

Referring to Sudesh Chhikara<\/span> v. Ramti Devi<\/span>, 2022 SCC Online SC 1684<\/a>, wherein for attracting the application of Section 23(1), the following essentials were expounded:<\/p>\n