High Court affirms Maintenance Tribunal's order declaring gift deed null due to neglect of senior citizens' welfare, reinforcing the protective provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
In a significant judgment that underscores the protective intent of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Chhattisgarh High Court upheld the decision of the Maintenance Tribunal and the Appellate Tribunal to declare a gift deed null and void. This verdict was delivered by Justice Narendra Kumar Vyas on January 20, 2026, in the case of Ramkishna Pandey v. State of Chhattisgarh.
The case revolved around a gift deed executed by the respondents, senior citizens in their 80s, in favor of their nephew, Ramkishna Pandey, who was the petitioner. The respondents had alleged that the petitioner failed to provide care and maintenance despite assurances made at the time of the gift deed execution. The petitioner had received the property as a gift out of love and affection, with an implicit expectation of continued care and support for the respondents' lifetime.
Despite the absence of an explicit clause in the gift deed mandating maintenance, the court ruled in favor of the respondents. The Maintenance Tribunal had initially declared the gift deed void, a decision later affirmed by the Appellate Tribunal, on grounds that the petitioner neglected the implicit conditions of care and maintenance required under Section 23 of the Act.
The court emphasized that the Act is a beneficial legislation aimed at safeguarding the welfare of senior citizens. It highlighted that the implicit condition of maintenance, even if not explicitly stated, can be inferred from circumstances and the conduct of the parties involved. Citing precedents from the Supreme Court, the High Court reinforced that the interpretation of such legislation should be purposive, advancing the rights and welfare of elderly individuals.
This judgment sends a strong message about the obligations of individuals who receive property from senior citizens under the Act, emphasizing that neglecting the welfare of elderly donors can lead to legal repercussions, including the nullification of property transfers.
Bottom Line:
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Gift deed executed under love and affection can be declared void if the transferee fails to provide care and maintenance to the senior citizens as per implicit conditions of the Act.
Statutory provision(s): Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Sections 3, 5, 7, 23; Constitution of India - Article 226; Transfer of Property Act, 1882 - Section 126.
Ramkishna Pandey v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc id # 2843015
