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The court observed that there are two essential pre-conditions for the transfer of property to be declared void under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act of 2007.
The Madras High Court has held that senior citizens cannot seek cancellation of property transfer document by invoking Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act of 2007 if it does not create an obligation on the transferee to maintain the transferor.
The bench of Justice R Subramanian observed that Section 23 of the Act declares certain transfers as void but there are two essential pre-conditions to it. First, the document should have been executed after the Act came into force and second, it should contain a clause imposing an obligation on the settlee or transferee to maintain the settlor or transferor, the court noted.
It held that in absence of such a clause, the Revenue Divisional Officers (RDOs) heading the Maintenance Tribunals under the Act cannot entertain an application for cancellation of the document.
The court was dealing with a writ petition moved by a father namely S. Selvaraj Simpson seeking a direction to the Ambattur RDO to act upon his complaint filed under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Court noted that the property transfer document in question did not contain a clause imposing an obligation on the transferee to maintain the petitioner.
Therefore, in view of the provision of Section 23 of the Act, court held that the petitioner's application before the Revenue Divisional Officer was not maintainable.
Accordingly, court dismissed the writ petition. However, it clarified that it will be open to the petitioner to launch appropriate proceedings, seeking maintenance from his son and also for cancellation of the document before the appropriate Civil Court subject to the availability of the remedy.
Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act of 2007 provides for the transfer of property to be void in certain circumstances which include failure on part of the transferee to provide such amenities and physical needs as mentioned in the property transfer document to the transferor.
Case Title: S.Selvaraj Simpson v. The District Collector, Singaravelar Maaligai, and Others
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