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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
R.Raghunandan Rao, Maheswara Rao Kuncheam
Ramalakshmamma – Appellant
Versus
State Of Andhra Pradesh – Respondent
JUDGMENT :
R. Raghunandan Rao, J.
The 1st appellant herein had gifted Ac.7.21 cents of land, in Chagaleru Village, Chilamathur Mandal, Ananthapur District, to the 5th respondent herein, who is her son, by way of a registered deed of gift vide document No.817/1999, dated 21.07.1999. The 1st Appellant has a daughter, who is the 2nd Appellant herein and two other sons.
2. The 5th respondent had subsequently filed O.S.No.97 of 2021 before the Junior Civil Judge, Hindupur, against his two brothers and sisters for an injunction restraining them from interfering with his possession over the said land. It appears that a temporary injunction, dated 08.07.2021 in I.A.No.220 of 2021 in O.S.No.97 of 2021 was also granted and the suit is pending.
3. The 1st appellant, had approached the 2nd respondent herein, under the provisions of the Maintenance and Welfare of parents and Senior Citizens Act, 2007, [for short “the Act, 2007”] for a declaration that the deed of gift executed by her in favour of the 5th respondent should be cancelled as he was not looking after her.
4. The 5th respondent, after receipt of notice of this petition, had filed his response stating that he was taking good care of the Ap
The provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, apply only to deeds executed post-enactment with specific conditions, which were not met in this case.
The statutory conditions under Section 23 of the Act do not require explicit inclusion in the gift deed, and forums must allow evidence to support claims regarding maintenance.
Act of 2007 was enacted with object of maintaining and protecting interests of aged parents/senior citizens.
The central legal point established is that under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, a gift deed can be set aside if the transferee fails to provide ameniti....
Transfer of property from senior citizens may be declared void if involuntary under undue influence, neglect by transferee violates conditions for maintenance, per the Act.
A gift deed can be declared void under Section 23 of the Act if implied conditions of care for the transferor are unmet, emphasizing the legislature's focus on the welfare of senior citizens.
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