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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.S.RAMESH, A.D.MARIA CLETE, JJ
M. Rajapandian – Appellant
Versus
Minor V. Manoj, Rep. by his Guardian/Father R. Veemarajan – Respondent
JUDGMENT :
(M.S. RAMESH, J.)
The appellant herein, who is the grandfather of the 1st respondent herein, had executed a gift deed in his favour, registered as Document No.825/2020 on the file of the Sub-Registrar, Sayalkudi, of a property comprised in Survey Nos.202/5 and 202/13B at Sayalkudi, Kadaladi Taluk, Ramanathapuram District. In the recitals to the document, it is stated that in consideration of the love and affection towards his grandson and since he had been fulfilling all the duties and taking care of his grandfather, the gift deed is executed. However, the appellant herein had made an application before the 2nd respondent under Section 23(1) of the Tamil Nadu Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act'), seeking for cancellation of the gift deed, predominantly on the ground that his son R.Veemarajan/father of the 1st respondent had failed to provide the basic amenities and physical needs to him. Through an order dated 10.05.2022, the 3rd respondent had cancelled the gift deed dated 07.09.2020. When the 1st respondent had challenged the cancellation order before the 2nd respondent by way of an appeal, the same w
A gift deed cannot be cancelled under Section 23(1) of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Act, 2007 if it lacks explicit conditions regarding the provision of basic....
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.
The absence of maintenance conditions in a gift deed negates the applicability of Section 23(1) of the Senior Citizens Act, leading to the annulment of any revocation actions based on such conditions....
Conditions for voiding a gift deed under the Maintenance and Welfare of Parents and Senior Citizens Act must be expressly stated; mere implications do not suffice.
A gift deed must explicitly include conditions for maintenance to be enforceable under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
When a senior citizen parts with his or her property by executing a gift or a release or otherwise in favour of his or her near and dear ones, a condition of looking after the senior citizen is not n....
A gift made by a parent can be voided under Section 23 of the Act if the donee fails to provide basic needs, regardless of explicit conditions in the Gift Deed.
The provisions of Section 23(1) of the Senior Citizens Act are not attracted if the transfer does not contain a stipulation for the transferee to provide basic amenities and physical needs to the tra....
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