Properties can be transferred back to elderly parents if…: Supreme Court’s big ruling
4 days, 20 hours ago

Properties can be transferred back to elderly parents if…: Supreme Court’s big ruling

Live Mint  

The Supreme Court recently overturned a Madhya Pradesh High Court decision, emphasising the need for a liberal interpretation of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, in the case of Urmila Dixit v. Sunil Sharan Dixit. Now the tribunals can order the transfer of property back to elderly parents, the Supreme Court said. In its order, the Supreme Court said, “In S. Vanitha, this Court observed that Tribunals under the Act may order eviction if it is necessary and expedient to ensure the protection of the senior citizen. "The preamble of the Act states that it is intended towards more effective provisions for maintenance and welfare of parents and senior citizens, guaranteed and recognised under the Constitution…Therefore, it is apparent that the Act is a beneficial piece of legislation, aimed at securing the rights of senior citizens, in view of the challenges faced by them,” the court said.

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History of this topic

Parents & Senior Citizens Act - Maintenance Tribunal Has Power To Order Eviction & Transfer Of Possession : Supreme Court
6 days, 16 hours ago

Parents & Senior Citizens Act - Maintenance Tribunal Has Power To Order Eviction & Transfer Of Possession : Supreme Court

Live Law  

The Supreme Court has clarified that a Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has the power to order the eviction and transfer of possession.Without such a power, the objectives of the 2007 Act - which are to grant speedy, simple and inexpensive remedies to elderly citizens- would be defeated, the Court said.A bench …

Tribunal can’t annul gift deed if it does not contain condition to take care of parents: High Court
7 months ago

Tribunal can’t annul gift deed if it does not contain condition to take care of parents: High Court

The Hindu  

The tribunal set up under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, will not get jurisdiction to annul the gift deed if the deed does not contain the condition that the transferee should provide basic amenities and physical needs to the transferor parent/senior citizen of the property, the High Court of Karnataka has said. Setting aside …

Transfer Of Property Can't Be Declared Void U/S 23 Senior Citizens Act In Absence Of Clause Obligating Transferee To Maintain Transferor: Madras HC
2 years ago

Transfer Of Property Can't Be Declared Void U/S 23 Senior Citizens Act In Absence Of Clause Obligating Transferee To Maintain Transferor: Madras HC

Live Law  

The Madras High Court has recently held that though the Maintenance and Welfare of Parents & Senior Citizens Act provides for declaring certain property transfers as void, a settlement of property cannot be cancelled unless it fulfills the conditions of the Act. Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act states that, Where any senior …

Senior Citizens Act - Transfer Can Be Set Aside Only If Was Subject To Condition Of Providing Basic Amenities : Supreme Court
2 years, 1 month ago

Senior Citizens Act - Transfer Can Be Set Aside Only If Was Subject To Condition Of Providing Basic Amenities : Supreme Court

Live Law  

The Supreme Court has held that Section 23 of Senior Citizens Act will be attracted only if the transfer of property by a senior citizen was subject to a condition of providing the basic amenities and basic physical needs to him/her.In this case, a petition was filed by a senior citizen woman under Section 23 of the Maintenance and Welfare …

Transfers deed in Chandigarh must state parents will be taken care of
3 years, 5 months ago

Transfers deed in Chandigarh must state parents will be taken care of

Hindustan Times  

The Chandigarh Maintenance Tribunal has mandated that children must give an undertaking that they will take care of their parents before a property transfer deed is executed between them. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, mandates that the transferee must provide basic amenities and physical needs to the transferor. Faith being flouted The directions came …

Punjab and Haryana High Court Dismisses Illegal Transfer Of Property of Aged Widow
3 years, 5 months ago

Punjab and Haryana High Court Dismisses Illegal Transfer Of Property of Aged Widow

Live Law  

The Punjab and Haryana High Court last week came to the rescue of a 76 years old widow who had been ousted from her house by her son consequent to the illegal transfer of her house in her son's name. A Bench comprising Justice Augustine George Masih and Justice Ashok Kumar Verma opined on the objective of the Maintenance and …

Senior Citizens Act: Section 23 Attracted Even If There Was No Condition Of Providing Maintenance In Transfer Deed: Kerala HC [Read Judgment]
5 years, 2 months ago

Senior Citizens Act: Section 23 Attracted Even If There Was No Condition Of Providing Maintenance In Transfer Deed: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has observed that Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act can be invoked even if there was no condition of providing maintenance in the transfer deeds.Justice A. Muhamed Mustaque observed that the scheme of the Senior Citizens Act is not intended at dispute resolution but to promote measures to secure …

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