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.

JUDGMENT :

N.J.JAMADAR, J.

1. Rule. Rule made returnable forthwith, and, with the consent of the learned Counsel for the parties, heard finally.

2. This Petition under Articles 226 and 227 of the Constitution of India assails the legality, propriety and correctness of a judgment and order dated 14 August 2025 passed by the Additional Collector – Appellate Authority, whereby the appeal preferred by the Petitioners against the judgment and order dated 6 May 2025 passed by the Maintenance Tribunal, under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (the Act of 2007) came to be dismissed.

3. The background facts leading to this Petition can be stated, as under :

3.1 Respondent No.1 is the father of the Petitioner No.1. Petitioner No.2 is the wife of Petitioner No.1. Respondent No.5 is the son of Petitioner Nos.1 and 2.

3.2 Respondent No.1, then 86 years of age (senior citizen), approached the Maintenance Tribunal with a complaint under Sections 5 and 23 of the Act, 2007 with the assertions that over a period of time, he had developed the businesses and acquired the properties. The businesses were run under various entities, namely, M/s. Universal Enterprises, M/s. ASBEE Marketing Ltd., and M/s. Universal Associates.

3.2 In the month of July 2021, the senior citizen was diagnosed with a suspected throat cancer. Biopsy was conducted during the period 3 August 2022 to 6 August 2022. While the senior citizen was in physical and emotional distress, the Petitioner No.1 allegedly forced the senior citizen to execute a Deed of Partnership in respect of the firm , M/s. Universal Enterprises, on 2 August 2022, while the senior citizen was still hospitalized. The senior citizen was allegedly forced to retire from the partnership firm. Eventually, the signing authority of the senior citizen was also taken away. The Petitioner No.1, the senior citizen alleged, made the senior citizen to believe that since the interest of the senior citizen in M/s. Universal Enterprises was already transferred in the name of the Petitioners and Respondent No.5, it was necessary to transfer Flat No.B-48, 4^th Floor, Tower B, Kalpataru Habitat, Dr. S.S.Rao Road, Parel, Mumbai – 400 012, (the subject flat) in the name of Petitioner No.1 as the said flat was mortgaged with Kotak Mahindra Bank to secure the loan account of M/s. Universal Enterprises.

3.3 The Petitioners and Respondent No.5, thus, forced the senior citizen to execute a Gift Deed in favour of Petitioner No.1 and Respondent No.5, and, accordingly, a registered gift deed was executed on 24 August 2022 by the senior citizen in favour of Petitioner No.1 and Respondent No.5.

3.4 Post execution of the partnership deed and the gift deed, the senior citizen alleged, there was a perceptible change in the behaviour of the Petitioners and Respondent No.5.

3.5 It was asserted that the Petitioners withdrew the amounts to the tune of Rs.50 Lakhs from the accounts of the senior citizen. Gradually, the Petitioners started to neglect the needs and necessities of the senior citizen. He was subjected to harassment. He was humiliated. He was also deprived of the necessities of life. The senior citizen was confined to one room in his own flat. He was deprived access to two other rooms. Those rooms were kept in a locked state when the Petitioners left the house. No provision was made for the sustenance of the senior citizen when the Petitioners went away from the house.

3.6 The senior citizen tried to explore the good offices of the relatives and a fri