High Court Upholds Senior Citizen's Rights in Property Gift Dispute

The Bombay High Court has reinforced the rights of senior citizens in a recent case, emphasizing that a gift deed does not need to explicitly state that the transferee will provide for the senior citizen’s needs and amenities. This implicit support is expected in the context of a gift deed, particularly when the senior citizen is transferring property in the evening of their life.

Justice N J Jamadar delivered the judgment, stating, “...the condition need not be specifically incorporated in the instrument of transfer. In a sense, a senior citizen who transfers his property, especially by way of gift, in the evening of his life, expects the transferee-donee to provide for his necessities and physical and emotional support. Such an expectation is implicit in the very act of transfer.”

The case in question involved an 88-year-old father who filed a complaint with the Senior Citizens Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act. The father alleged that his son, daughter-in-law, and grandson forced him to execute a deed of partnership and transfer his flat to them while he was hospitalized with suspected throat cancer. Subsequently, they withdrew Rs 50 lakh from his accounts, neglected, harassed, and confined him to one room, making no provision for his sustenance.

On May 6, the tribunal found that the family had neglected and not maintained the father, declaring the gift deed void. On July 27, the tribunal's order was executed, and the trio vacated the flat but kept their belongings in two rooms. On August 14, the appellate authority dismissed their appeal.

The family's advocate, Chirag Mody, argued that there was no recital in the gift deed stating that it was subject to a condition that the transferee would provide for basic amenities and physical needs. To declare the gift deed void, the father had to establish a breach of condition by the transferee.

However, Justice Jamadar countered that as the gift has to be without consideration and out of love and affection, the condition “need not be incorporated in the instrument of transfer.” The circumstances in which the gift deed was executed were deemed “critical” by the court. The partnership deed was executed on August 2, 2022, and the gift deed on August 24, 2022, while the father was in the hospital. The son’s explanation that this was a coincidence “does not appeal to human credulity.”

Justice Jamadar also agreed with advocate Kamlesh Mishra, stating that the “physical frailty and emotional vulnerability of the senior citizen… deserved to be weighed in.” The court considered the object of the Act and the facts of the case, concluding that the senior citizen “is entitled to the protection of his right to property.” There was no “error” in the tribunal’s finding nor “perversity or infirmity” in the appellate authority’s order.

Dismissing the petition, Justice Jamadar granted the family three weeks to remove their belongings from the flat.

This ruling underscores the importance of protecting the rights and well-being of senior citizens, especially in matters of property transfer and maintenance. It serves as a deterrent to those who might exploit the vulnerabilities of the elderly and reinforces the legal and moral obligations of family members to provide support and care.