Section 23 Senior Citizens Act | 6 Dec 2022 Judgements | Supreme Court | Legal Gurukul

Section 23 Senior Citizens Act | 6 Dec 2022 Judgements | Supreme Court | Legal Gurukul
Senior Citizen Act plays an important role in safeguarding the rights and welfare of senior citizens. Section 23 of Senior Citizen Act focus on the protection of property of senior citizens against abuse, neglect, and abandonment. As per section 23(1) of the Senior Citizens Act, a gift or transfer of property by a senior citizen may be declared void by a Maintenance Tribunal (established under the Senior Citizens Act), at the option of the senior citizen if the gift or transfer of property is deemed to have been made by fraud, coercion or undue influence. This would be in a case where: (i) such gift or transfer is subject to the condition that the transferee provides basic amenities or physical needs to the transferor (senior citizen); and (ii) the transferee has failed or refused to provide them.
Thus, a senior citizen with the help of section 23 of senior citizen act get back his property from his children if the children do not maintain or take care of the senior citizen.
The case of Sudesh Chhikara vs Ramti Devi is the specific Supreme Court judgement from December 2022 that clarified the application of Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Ramti Devi (Senior Citizen): She transferred a portion of her property to her daughter, Sudesh Chhikara. Later Ramti Devi claimed her daughter wasn't fulfilling her needs neither she was maintaining the mother ramit devi. She sought to revoke the transfer of property rights under Section 23 of senior citizen act 2007
Court Judgement: The lower courts sided with Ramti Devi, but the Supreme Court overturned the decision. The judgement highlighted that Section 23 of senior citizen act can't be applied automatically. There needs to be clear evidence that the property transfer was conditional upon receiving care from the recipient.
This case sets a precedent for how Section 23 of senior citizen act is interpreted. It emphasizes the importance of having a written agreement when transferring property to ensure senior citizens are protected.
The case of S.Selvaraj is also based on same law point. Here the senior citizen father had transferred his property to son but later son stopped maintaining the father. Father filed case under section 23 of senior citizen act to get the transfer cancelled. The High Court held that as father had not put any conditions during transfer so section 23 of senior citizen act cannot be applied and father cannot get back his property or get the transfer cancelled.
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Judgement Link
Sudesh vs Ramti Supreme Court Judgement 2024 Senior Citizen Act
drive.google.com/file/d/1VE33...
Selvaraj Simpson v District Collector Senior Citizen Act Judgement
drive.google.com/file/d/1VE33...
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