Cancellation of transfer of property to children is possible only if it was with a condition of maintaining parents : SC

  • 07 Dec 2022
" Effecting transfer subject to a condition of providing the basic amenities and basic physical needs to the transferor / senior citizen is sine quanon for the applicability of Sec.23 (1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007". So as to attract Sec.23 (1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, two conditions must have been met.
  • the transfer must have been made subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor; and
  • the transferee refuses or fails to provide such amenities and physical needs to the transferor.
If both the aforesaid conditions are satisfied, by a legal fiction, the transfer shall be deemed to have been made by fraud or coercion or undue influence. Such a transfer then becomes voidable at the instance of the transferor and the Maintenance Tribunal gets jurisdction to declare the transfer as void.   [Sudesh Chhikara v. Ramti Devi and another C.A No. 174 of 2021]