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 the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was dismissed.

Facts: In present facts, appeal arises out of a petition filed by respondent no.1 under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, ‘the 2007 Act’).

Respondent no.1 executed a release deed in respect of a part of the subject property in favour of her daughters (the appellant and second respondent’s mother). The said release deed (no.18151) was executed on 14^th November 2008 and was duly registered. As per the said release deed, the daughters became the owners of one-third share each in the property subject matter of the release deed. It is also brought on record that on 24^th March 2009, the respondent no.1 executed another release deed (no.25502) in respect of one-fourth share in the lands bearing Khasra No.269. The said release deed was executed by respondent no.1 in favour of her son Sunder. Another release deed (no.25504) was executed by respondent no.1 in favour of her son Sunder on the same day in respect of one-half share in the lands bearing Khasra No.315, Khasra No.314 and Khasra No.341. Both the release deeds were registered. Respondent no.1, the appellant and the second respondent’s mother filed Civil Suit no.175 of 2010 in the Civil Court essentially for challenging the release deed dated 24^th March 2009 (no.25504). The Civil Court by judgment and decree dated 17^th July 2015 declared the release deed dated 24^th March 2009 as null and void. The Civil Court held that the release deed shall not bind respondent no.1, the appellant and the mother of respondent no.2. Civil Suit no.234 of 2010 was filed by respondent no.1, the appellant and the second respondent’s mother for the same relief in respect of the other release deed (no.25502). A similar decree was passed in this suit on 19^th March 2015. According to the case of respondent no.1, her son Sunder and grandson Manish preferred appeals against the aforesaid decrees. During the pendency of the appeals, they sold the property subject matter of the release deeds dated 24^th March 2009 to a third party.

Respondent no.1 filed a petition under Section 23 of the 2007 Act before the Maintenance Tribunal (Sub-Divisional Magistrate). In the petition, respondent no.1 stated that her relationship with her son and daughters was strained and therefore, her son and daughters were not maintaining her. The contention of respondent no.1 was that the release deed executed by her in favour of her two daughters on 14^th November 2008 was illegal and void. Accordingly, a prayer was made in the petition under Section 23 for cancellation of the said release deed dated 14^th November 2008.

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