Property given cannot be taken back by parents: Madras HC

Madras, 14/12: The property transferred by the elderly cannot be taken back under the Maintenance and Welfare of Parents and Senior Citizens Act, if the transfer documents do not contain the clause imposing the condition that the recipient(s) should look after the giver, the Madras High Court has ruled.

There are two essential pre-conditions for seeking a declaration of the property transfer as null and void under Section 23 of the Act. The first condition is that the transfer document should have been executed after the Act came into force. The second one is that it should create an obligation to maintain the transferor, Justice R Subranamian pointed out.


If any of the two conditions has not been satisfied, then the Revenue Divisional Officers (RDOs) heading the Maintenance Tribunals cannot entertain pleas for declaring the documents as void, the judge said while dismissing a writ petition from S Selvaraj Simpson, recently.

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