Parents often transfer their house or land to a child during their lifetime, expecting to be cared for in old age. When that care is not provided, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 offers a remedy.
Section 23 of the Act
Where a senior citizen transfers property by gift or otherwise subject to the condition that the transferee will provide basic amenities and physical needs, and the transferee refuses or fails to do so, the transfer is deemed to have been made by fraud, coercion or undue influence and can be declared void by the Maintenance Tribunal at the option of the transferor.
What the Supreme Court has said
- Urmila Dixit v. Sunil Sharan Dixit, 2025 INSC 20: the Supreme Court restored the cancellation of a gift deed where the son had not looked after his parents, describing the Act as beneficial legislation to be interpreted liberally. The Court held that the Tribunal can order the return of possession to the senior citizen.
- In the earlier case of Sudesh Chhikara v. Ramti Devi (2022), the Court explained that Section 23(1) requires that the transfer was made subject to a condition of providing basic amenities and physical needs, and that the transferee failed to meet it.
- S. Vanitha v. Deputy Commissioner, (2021) 15 SCC 730: the Court held that the Senior Citizens Act cannot be used to defeat a woman’s right to residence in a shared household under the Domestic Violence Act, and both laws must be read together.
Practical points
- The gift deed or surrounding documents and circumstances should show the expectation of care. Recording this in the deed itself strengthens the parent’s position.
- Applications are made before the Maintenance Tribunal, usually presided over by the RDO, with a quicker procedure than a civil suit.
- Parents can also claim a monthly maintenance allowance from children or relatives under the Act.
Key judgments
- Urmila Dixit v. Sunil Sharan Dixit, 2025 INSC 20.
- S. Vanitha v. Deputy Commissioner, Bengaluru Urban District, (2021) 15 SCC 730.
This article is published for general information only. It does not constitute legal advice or solicitation, and no lawyer–client relationship is created by reading it.