The court emphasized that a gift deed should not be set aside if the obligated party agrees to provide maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Order :

1. The challenge in the present writ petition is against the order dated 23.01.2023 passed by the Sub-Divisional Officer, Jodhpur who is the competent authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as ‘the Act of 2007’). The said order was passed on the application of the respondent - senior citizen who is the mother of the petitioner. In the said application filed by the respondent – senior citizen before the special authority, two prayers were sought. One prayer was for seeking fixation of a monthly maintenance and the second prayer sought was to set aside the gift deed dated 10.10.2014 executed by the respondent – senior citizen in favour of the petitioner – son. The petition was filed on the ground that the application for maintenance and setting aside of the gift deed was filed on the premise that the petitioner who is living in Canada is not taking care of the respondent – senior citizen. In the said circumstance, he became destitute and as such filed the application for maintenance. In response to such application, the petitioner herein filed a reply undertaking to maintain the respondent – senior citizen herein and alternatively, requested not to set aside the gift deed. The authority below instead of ordering maintenance, has ordered setting aside of the gift deed.

2. Learned counsel appearing for the respondent - senior citizen submitted that if the petitioner is undertaking to pay monthly maintenance or lump-sum amount, he has no objection to setting aside of the impugned order and his intention is only to get the monthly maintenance from the petitioner.

3. The very object of the Act of 2007 is to provide maintenance to the senior citizens who become destitute/dependent on the person obligated to maintain them. When the person obligated to maintain a senior citizen has come forward to undertake to maintain the senior citizen, it is inappropriate to set aside the gift deed.

4. In the said circumstances, the writ petition is allowed with the following conditions:

i. In the result, the impugned order dated 23.01.2023 is set aside on the ground that the petitioner undertakes to pay Rs. 10 Lakhs as permanent maintenance to the respondent – senior citizen / mother. The said amount shall be deposited in the bank account of the respondent – citizen within a period of 15 days from today. The respondent – senior citizen is directed to furnish the bank account details to the petitioner. On furnishing such bank account details, the amount shall be deposited within the stipulated time undertook by the petitioner, failing which the order of the Sub-Divisional Officer, Jodhpur would be revived.