Transfer valid in absence of Conditions prescribed under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007

Sudesh Chhikara Vs Ramti Devi & Anr. (Supreme Court of India)

Conclusion: The Hon’ble Supreme Court observed that effecting transfer subject to a condition of providing the basic amenities and basic physical needs to the transferor – senior citizen is sine qua non for applicability of sub-section (1) of Section 23. In the present case, it was not even pleaded by respondent no.1 that the release deed was executed subject to such a condition. Therefore, appeals were allowed and original petition under Section 23 of

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