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Supreme Court of India · 06/12/2022

SUDESH CHHIKARA versus RAMTI DEVI & ANR

[2022] 17 S.C.R. 876 · 2022 INSC 1257

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Summary

An elderly mother in Gurugram had executed a registered release deed in 2008 giving her two daughters shares in her land. Years later she asked the Maintenance Tribunal to declare it void under Section 23 of the Senior Citizens Act, saying her children were not looking after her. The Tribunal did so and the Punjab and Haryana High Court upheld its order. The Supreme Court set both aside. Section 23(1) applies only if the transfer was made subject to a condition that the transferee would provide the senior citizen's basic amenities and physical needs, and the transferee then fails to do so. Such transfers are often made out of love and affection, so the condition must be pleaded and proved. Here it was neither pleaded nor found.

Issues

  1. Whether a release deed by a senior citizen in favour of her daughters can be declared void under Section 23(1) of the 2007 Act without pleading or proof that it was made subject to a condition to provide her basic amenities and physical needs.

Provisions considered

Held

Result

Civil Appeal No. 174 of 2021 allowed; the Maintenance Tribunal's order dated 22.05.2018 and the Punjab and Haryana High Court judgment dated 21.05.2019 in Civil Writ Petition No. 16581 of 2018 set aside and the Section 23 petition dismissed; no costs.

Judgment PDF: Supreme Court of India, [2022] 17 S.C.R. 876.