Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 requires that a property transfer must be explicitly conditional upon the transferee providing basic amenities for the transferor to trigger the legal fiction of fraud, coercion, or undue influence for the purpose of declaring the transfer void.

KULDEEP TIWARI, J.(ORAL)

1. Challenge is thrown to the orders dated 14.11.2022 (Annexure P-4), passed by learned Maintenance Tribunal, Bathinda (respondent No. 2), and the order dated 11.05.2023 (Annexure P-5), passed by learned District Magistrate, Bathinda (respondent No.1). By filing the instant writ petition, the petitioners/senior citizens have challenged the legality of two transfer deeds dated 07.03.2018 (Annexures P-1 & P-2), on the ground, that the same have been executed by fraud and, by invoking the provisions of Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, the ‘Act of 2007’) and prays that the transfer deeds (supra), should be cancelled and restored back to them.

2. Learned Maintenance Tribunal while refusing to invoke the provisions of Section 23 of the Act of 2007, had passed a direction upon the respondent No.3, to pay maintenance of ₹10,000/- per month, to each senior citizen, i.e. total ₹20,000/-. The transfer deeds (Annexures P-1 & P-2), were executed by petitioners/senior citizens in favour of respondent No.3, on 07.03.2018. Thereafter, the petitioners filed two separate civil suits No. CS/1679/2020 and CS/1680/2020, challenging both the transfer deeds, alleging that the same were got executed by fraud, and they never intended to execute the same. The petitioners filed an application No.56 dated 31.03.2021 (Annexure R-3/3), under Section 4 (10) (a) of the Act of 2007, before learned Maintenance Tribunal, seeking maintenance only. During the pendency of the said civil suits and maintenance application, the petitioners filed application dated 10.11.2021 (Annexure P-3), under Section 23 (i) of the Act of 2007, seeking cancellation of execution of transfer deeds (supra). The first maintenance application (Annexure R-3/3) preferred by the petitioners was allowed, vide order dated 22.03.2022 (Annexure R-3/4), and a direction was passed upon the respondents to pay ₹10,000/- each, per month for maintenance of each of the senior citizen. Thereafter, the above said civil suits filed by the petitioners were simply withdrawn, vide order dated 05.04.2022 (Annexure R-3/1), without any liberty. The second application preferred by the petitioners, under Section 23 (i) of the Act of 2007, was dismissed by learned Maintenance Tribunal, Bathinda, vide order dated 14.11.2022 (Annexure P-4), and the statutory appeal preferred by the petitioners, also met with the same fate and it was dismissed on 11.05.2023 (Annexure P-5).

SUBMISSIONS BY LEARNED COUNSEL FOR THE PETITIONERS

3. Learned counsel for the petitioners, in an attempt to throw challenge to the orders (supra), submits that the transfer deeds (supra), were a result of fraud, as post the said transfer, the respondent No.3, has refused to maintain the senior citizens, who are now more than 85 years of age. Therefore, the learned Maintenance Tribunal concerned, ought to have cancelled the transfer deeds, in question. He further submits that there is no embargo for the senior citizens, to maintain the second application, for the purpose of invoking Section 23 of the Act of 2007, when the earlier application was only for maintenance. He also submits that respondent No.3, has made a statement before the learned Tribunal, that he is ready and willing to bear the medical expenses etc. and take care of the basic needs and also to take back the senior citizens at home. However, no such direction