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.

JUDGMENT :

SACHIN DATTA, J.

CAV 416/2023

1. Leaned counsel for the respondent no.1 has already entered appearance.

2. Accordingly, the caveat stands discharged.

W.P.(C) 10854/2023

3. The present petition has been filed by the petitioners assailing an order dated 26.07.2023 (hereinafter ‘the impugned order’) passed by the District Magistrate West, Government of NCT Delhi in Appeal No. (678)/DCW/2022, whereby, the appeal filed by the respondent no.1 under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter ‘the Senior Citizens Act’) assailing order dated 20.12.2019 passed by the Maintenance Tribunal under Section 23 of the Senior Citizens Act, has been allowed and directions have been issued to the Sub-Registrar IIB, Janakpuri, to cancel the registration of the gift deed dated 05.05.2015 bearing Registration No. 5955 in Book No. 1, Vol. No. 562 on page no. 1 to 8, by which, four floors in the property bearing no. WZ-406/3 Plot No. 49 Janak Park Hari Nagar Ghanta Ghar, New Delhi (hereinafter ‘the subject property’) were gifted in favour of the petitioner no.2 by respondent no.1.

4. The respondent no.1 is a senior citizen aged around 88 years and has four children – three daughters (not party/ies to the present proceedings) and a son (petitioner no.1). The petitioner no.2 is the wife of petitioner no.1/daughter in law of respondent no.1.

5. The exclusive title over the subject property was bequeathed upon the respondent no.1 by way of a registered will executed in her favour by her father who died on 29.06.1982. In 2012, a building was constructed on the subject property comprising of 8 flats. Upon completion of construction of the said building, 3 out of the 8 flats were transferred by the respondent no.1 in favour of the builder in lieu of the construction costs and the remaining 5 flats were retained by the respondent no.1.

6. On 05.05.2015, a gift deed came to be executed by the respondent no.1 in favour of the petitioner no.2 with respect to 4 of the 5 remaining flats at the subject property.

7. Thereafter, the respondent no.1 filed a written complaint dated 06.05.2015 with the SHO Janakpuri alleging that the aforesaid gift deed had been executed by pressurising the respondent no.1. (complaint appended to the present petition as Annexure P5)

8. Subsequently, an application dated 03.06.2015 under Section 23 of the Senior Citizens Act came to be filed by the respondent no.1 before the Maintenance Tribunal seeking cancellation of the gift deed dated 05.05.2015.

9. Vide order dated 20.12.2019, the Maintenance Tribunal proceeded to dismiss the aforesaid application filed under Section 23 of the Senior Citizens Act by observing as under –

“On the prayer of conciliation of above said gift deeds executed in favour of the respondent no.2 on the ground of fraud and cheating, the petitioner is failed to prove such conditions/facts mentioned in the above said Gift Deeds. It is further observed that many cases have already pending between the parties in the Civil Courts on the same issues. Moreover, the petitioners are not willing to take any maintenance allowance from the respondents. The Tribunal observed that without any evidence, the Tribunal is unable to decide the ground of fraud and cheating in the above said Gift Deeds.

After heard both the parties and considering all the facts, the Tribunal feels it necessary to pass on Order as follows:

1. The Tribunal further directs Respondent No.1 & 2 not to take any rent in lieu of resident in the said property till they are live.

2.