The Madras High Court ruled that the word ‘subject to condition’ used in section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 should be interpreted broadly to indicate an implied condition to look after the senior citizen.
According to Section 23(1) of the Act, any senior citizen who transfers their property after the commencement of this act, subject to the condition that the individual (to whom the property has been transferred) provides the basic amenities and physical needs to the senior citizen, and if the individual refuses or fails to provide, the said transfer of property shall be deemed to have been made by fraud, coercion or under influence.
The court went on to declare that ‘love and affection’ was an implied requirement that had to be interpreted as a consideration for signing the gift or settlement document. The court also stated that the provisions of the legislation could not be abused by dismissing a complaint by a senior citizen simply because there was no specific condition.
The court was hearing a son’s appeal against the tax divisional officer’s annulment of a Settlement Deed. The son stated that his elderly parents were living with him and that he was caring for them after the settlement agreement was executed in his favour. He further claimed that no condition was imposed in the Settlement Deed and that, in the absence of such a condition, cancellation of the settlement document would be a violation of Section 23 of the Act.
The mother, however, submitted to the court that while she had signed the settlement agreement in favour of her elder son out of love and affection, hoping that he would take care of her and her husband, he had failed to respect his vow.
The elderly couple are now being cared for by their daughter who was not in the position to meet the medical expenses, as both were suffering from ailments caused by old age. The Revenue Divisional Officer, therefore, conducted an enquiry and cancelled the Settlement Deed to protect the elderly couple’s life and meet their expenses.