Gift deed to relatives can be annulled if seniors citizens aren’t cared for: HC

Raipur: If elderly people gift their property to a relative expecting care in return, the gift can be cancelled if the relative fails to care for them, even if the deed does not clearly mention a maintenance condition, Chhattisgarh high court has ruled.A deed by seniors citizens could be annulled under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, even in the absence of a maintenance clause. The court also observed that forcing octogenarians to live in an old-age home while occupying their property constitutes clear neglect.On Feb 3, HC dismissed a writ appeal filed by the nephew and daughter of an elderly couple, challenging the cancellation of a gift deed executed by the couple. A division bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal held that the "obligation to care for senior citizens need not be expressly stated in a deed and may be inferred from the relationship between the parties and the facts of the case."The court said the Maintenance Tribunal is empowered to annul property transfers if senior citizens are neglected.Sureshmani Tiwari (83) and Lata Tiwari (80), had executed a gift deed in Apr 2016 in favour of their nephew, transferring their house in Bilaspur to him. The couple did not have a son and told the court that they did this expecting care and support in their old age. They later alleged that the nephew and their daughter harassed them, withdrew Rs 30 lakh from their bank accounts, and disconnected electricity and water supply to the house.As a result, the couple was compelled to move to a govt-run old-age home in Jorapara Sarkanda. In Sept 2024, the Maintenance Tribunal declared the gift deed null and void and directed the appellants to vacate the premises. The order was subsequently upheld by the district collector and a single bench of the high court.The appellants challenged the orders on the ground that the couple received pension and owned other properties, contending that they were therefore not entitled to maintenance. They further argued that under Section 23 of the Act, a gift could be revoked only if it contained a condition relating to maintenance, and claimed that a maternal nephew does not fall within the definition of a "relative" liable for maintenance."The record establishes that the respondents were compelled to leave their own house and reside in an old-age home, justifying the initiation of proceedings," the Bench observed.