• Senior Citizen Act Section 23

My father is 75 YEARS OLD. He did a gift deed for I and my brother. he setlled1 property for me and two for brother. I am living overseas, so he setlled two to my brother for the reasons that he has to live with him and hoping that brother and and his wife will care. There always been abusive behvaiour from both brother and also his wife. however, in 2019 brother died and the daughter in law has forced my father to a old age home and he has been in told age home since 2019. the daughter in law has completely cut off ties and does care for him. The DRO has cencelled the deed in view to neglect, old age and associated health issues; diabetes, open heart surgery, and psychiatric illness since my dad lost his wife ( my mum) due to long battle of cancer. now the daughter in law has appealed to court that if this property deed is cancelled her liveihood would be affected and she has two children - one 20 yeas old and one 16 years old. Also she has pointed out that there is no explicit clause to care. However, the deed has wordings of setllement out of love and affection. Also, even if this deed is cancelled, daughter in law still has one other property, and also the son has been gifted a property my father. how will high court see this.
Asked 2 hours ago in Constitutional Law

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2 Answers

How high court will see into this is not the question, the question is that how are you going to challenge her appeal pending before high court.

The point that she already has another house is very much valid and also one of her children is an adult this day, moreover she cannot be described as dependent on your father.

The law is very clear that if your father, a senior citizen was ignored especially after he had transferred all his property in favor of his children and if he had been made to suffer in destitute  then the law will come to his rescue, the cancellation of the gift deed to one of the properties should be viewed legally correct and valid in the eyes of appellate court, provided your lawyer puts up a strong argument in your father's favor. 

T Kalaiselvan
Advocate, Vellore
90690 Answers
2523 Consultations

Even if the deed does not explicitly say "maintain," High Courts ) have ruled that when a senior citizen transfers property to a family member, it carries an inherent and implied condition of "love, affection, and care" in their old age. Neglecting or abandoning the father effectively voids the gift under Section 23 of the Act.

 

2)The fact that the gift deed explicitly mentions "out of love and affection" actually works in your father's favor. Courts interpret this phrasing as proof of an emotional, conditional family arrangement, rather than a purely commercial transaction.

 

3)the law focuses entirely on the survival, shelter, and health of the 75-year-old father. The fact that she possesses another property, and that the deceased son was already gifted a property, weakens her plea of severe destitution.

Ajay Sethi
Advocate, Mumbai
100486 Answers
8216 Consultations

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