Gift Deed Executed By Senior Citizen Can Be Declared Null And Void Only If It Contains Stipulation On Maintenance By Transferee: Karnataka High Court

Case: Nanjappa And State of Karnataka & Others

Coram: Justice B Veerappa and Justice K S Hemalekha

Case No.: WRIT APPEAL No.573/2022

Court Observation: “On careful perusal of the document executed by the appellant in favour of the 3rd respondent, who happens to be the brother of the appellant, it does not contain any stipulation that the 3rd respondent is under the obligation to maintain the present appellant. In the absence of any condition stipulated in the documents, the provisions of Subsections (1) and (2) of Section 23 of the Senior Citizens Act are not attracted.”

“The learned Single Judge committed an error in law and on facts as Section 23(1) of the Act does not mandate, the requirement to provide basic amenities and basic physical needs in the Transfer Deed, should be in ‘writing’, but the learned Single Judge has proceeded to hold that the requirement to provide basic 7 amenities and basic physical needs in the Transfer Deed, should be expressly provided in the Transfer Deed,”

“In view of the provisions of Sub-sections (1) and (2) of Section 23 of the Senior Citizens Act, the transaction could be declared as null and void provided the same contains the stipulation that the transferee shall maintain the senior citizen and the aforesaid Gift Deed does not contain any such stipulation,”

“Though our conscious is in favour of the welfare of the Senior Citizens considering the scope and object of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, but our hands are tied in view of the dictum of the Hon’ble Supreme Court in the case of Sudesh Chhikara, wherein while interpreting the very provisions of Sub-section (1) of Section 23 of the said Act, it has been held that the two conditions must be stipulated in the document, which is binding on all including this Court as contemplated under Article 141 of the Constitution of India,”

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Keywords

Gift Deed Executed