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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.Jamadar
Raviprakash R. Sodhani – Appellant
Versus
Ram Swaroop Sodhani – Respondent
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 Enterp
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.
Act of 2007 was enacted with object of maintaining and protecting interests of aged parents/senior citizens.
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.
The obligation to maintain senior citizens can be inferred from circumstances, justifying cancellation of a gift deed when neglect and harassment are established.
The love and affection between the parent and the child is an implied condition in the Settlement Deed and any violation of this condition would amount to fraud, coercion or undue influence, thus att....
The Senior Citizens Act mandates that children must ensure their parents lead a dignified life, and property transfers can be voided if basic amenities are not provided.
The court affirmed that maintenance obligations for senior citizens may arise from circumstances surrounding a gift deed, even if not explicitly stated, emphasizing the Act's protective intent.
(1) Power of senior citizens to annul gift deed – Statutory presumption under Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is triggered not by language of deed alone....
Transfers made by senior citizens may be declared void under the Senior Citizens Act if they imply conditions of care and amenities, even if not explicitly stated in the document.
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