A Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, lacks jurisdiction to declare a gift deed void under Section 23 unless the transfer was explicitly subject to a condition requiring the transferee to provide basic amenities, which must be clearly established by evidence.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE OFFICE OF THE RESPONDENT NUMBER 2 IN RESPECT OF ORDER PASSED IN CASE NO MSC/CR/104/2020-21 DATED 15/07/2021 AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER

Being aggrieved by Order dated 15.07.2021 passed by the respondent No.2 allowing the petition filed by respondent No.3 under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, resulting in declaration of the Deed of Gift dated 05.04.2006 executed by respondent No.3 in favour of petitioner No.1 in respect of property bearing No.15/33 situated on 2nd Main, Marenahalli, Vijayanagar, Bangalore, as null and avoid, the petitioners are before this Court.

2. Petitioner No.2 is the father and respondent No.3 is the mother respectively of petitioner No.1.

3. Case in the petitioners is that the aforesaid property originally belonged to petitioner No.2 who had conveyed the same in favour of his wife-respondent No.3 in terms of Deed of Gift dated 23.08.2004. Thereafter respondent No.3 conveyed the aforesaid property in favour of petitioner No.1- her son.

4. A petition under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, came to be filed by respondent No.3 alleging that the petitioners herein have completely her in providing basic maintenance, requirements and amenities. It is further alleged that the Deed of Gift dated 05.04.2006 was obtained by the petitioner No.1 from respondent No.3 herein under pressure, undue influence, coercion and threat. Hence sought for necessary orders.

5. Respondent No.2/Assistant Commissioner accepting the case of respondent No.3 proceeded to allow the said petition, cancelling the Deed of Gift and directing restoration of the property in favour of respondent No.3 and also with the direction to deliver the original title documents. With further direction to the petitioner No.1 herein to pay Rs.5,000/- to the respondent No.3 till her demise. Aggrieved by the same, the present petition.

6. Heard and perused the records.

7. The ground on which the cancellation of Deed of Gift dated 05.04.2006 is sought by respondent No.3 is that the petitioner No.1 herein being her son had obtained the said document by exerting force, undue influence and neglecting to maintain the respondent No.3.

8. Reasons assigned by the respondent No.2/Assistant Commissioner to grant the said relief as found in the impugned order in unnumbered paragraph at page 3 read as under:

"The history of this case reveals that, the Petitioner acquire the property under Gift Deed executed by her husband dated 23.08.2004. Thus, the Petitioner is absolute owner of the property. The Respondent cunningly got executed another Gift Deed in his favour on 05.04.2006 which is under dispute and not maintaining the Petitioner and fully neglected her and not providing basic requirements. It is a fit case to cancel the Gift Deed and restore the property to the Petitioner. Further, Petitioner claims a monthly maintenance of Rs.25,000/- from the Respondent. She has not produced any documents in respect of financial sources of Respondent. For the ends of justice it is sufficient to award monthly maintenance of Rs.5,000/-. With these observations I proceed to pass the following order."

9. Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 read as under:

"23. Transfer of property to be void in certain circumstances.—

(1) Where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and ph