Senior citizens can cancel gift deed if their children fail to take care of them: HC

Chennai, Senior Citizens can cancel the gift or settle deeds executed in favour of their children or close relatives if they failed to take care of them, even if it was not explicitly mentioned in the conditions imposed in the deeds, the Madras High Court has ruled. Senior citizens can cancel gift deed if their children fail to take care of them: HC A division bench comprising Justices S M Subramaniam and K Rajasekar dismissed an appeal filed by S Mala, daughter-in-law of deceased S Nagalakshmi. The bench said section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was designed to protect senior citizens in situations, where they transfer their property, either through a gift or settlement, with the expectation that the transferee will provide for their basic amenities. Thus, the implied condition would be sufficient for compliance with the condition stipulated under Section 23 of the Senior Citizens Act, empowering the competent authority to annul the Settlement or Gift Deed in such circumstances, the bench added. Such a condition being implied under Section 23 of the Senior Citizens Act, the decision of the competent authority annulling the Settlement Deed was in consonance with the spirit and objectives of the Senior Citizens Act, the bench added.