Madras High Court
Thalapathy Ramkumar vs P.Arjunan on 8 April, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
2025:MHC:923
W.A.No.3556 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 02.04.2025
PRONOUNCED ON : 08.04.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE K.RAJASEKAR
W.A.No.3556 of 2024
and
C.M.P.No.27562 of 2024
Thalapathy Ramkumar ... Appellant
Vs.
1.P.Arjunan
2.The District Collector / Appellate Tribunal
For Maintenance and Welfare of Parents
and Senior Citizens Act,
Coimbatore District,
Coimbatore.
3.The Sub Divisional Executive Magistrate /
Revenue Divisional Officer / Tribunal for
Maintenance and Welfare of Parents
and Senior Citizens Act,
Coimbatore South Division,
Coimbatore District. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside
the order in W.P.No.16468 of 2024 dated 19.08.2024 by allowing this writ
Page 1 of 48
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
W.A.No.3556 of 2024
appeal.
For Appellant : Mr.K.J.Parthasarathy
For R1 : Mr.C.Prakasam
For R2 & R3 : Mr.Vadivelu Deenadayalan
Additional Government Pleader
JUDGMENT
S.M.SUBRAMANIAM, J.
I. Facts in Brief:
Under assail is the order dated 19.08.2024 passed in W.P.No.16468
of 2024. The 1st respondent in the present writ appeal is a senior citizen and
the appellant is his son.
(A) Complaint of Senior Citizen:
2. The senior citizen filed a complaint before the Sub-Divisional
Executive Magistrate / Revenue Divisional Officer (RDO), Tribunal for
Maintenance and Welfare of Parents and Senior Citizens Act, Coimbatore
South Division, Coimbatore, stating that he has one son (appellant) and one
daughter, Mrs.Selvanayagi, both got married and living separately. The
senior citizen is living separately in a rental house. He was driven out from
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
his house and coerced into executing a settlement deed.
(B) Allegations of Fraud and Coercion:
3. After execution of settlement deed, the appellant neglected the 1st
respondent / senior citizen and drove him out of his own house, where he
had a share. Since the settlement deed was executed through fraud and
coercion, the 1st respondent in his complaint made a request to declare the
settlement as null and void under the provisions of the Maintenance and
Welfare of Parents and Senior Citizens Act, 2007, [hereinafter referred to as
'Senior Citizens Act'].
(C) Reply by the Appellant:
4. In his reply to the complaint, the appellant stated that the 1st
respondent voluntarily left the family house, intending to stay along with his
sister and thereafter he has not returned back to the house. The appellant
claimed that the settlement deed was executed with the senior citizen's
consent.
5. The appellant admitted the fact that the 1st respondent / senior
citizen had given police complaint twice against the appellant at the
Karumathampatti Police Station. After closure of the criminal complaints, the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
settlement deed was executed. The appellant has further stated that he is
ready and willing to maintain the senior citizen and ready to pay monthly
maintenance of Rs.12,500/- to the 1st respondent.
6. The Revenue Divisional Officer (RDO), Coimbatore accepted the
contention of the appellant and passed an order stating that the appellant
shall pay monthly maintenance of Rs.12,500/-.
(D) Appeal filed before the Appellate Authority:
7. Dissatisfied with the order of the Revenue Divisional Officer, the
senior citizen preferred an appeal before the District Collector. The District
Collector independently considered the allegations set out in the complaint
as well as the reply given by the 1st respondent. The District Collector
confirmed the orders of the RDO. Thus, the 1st respondent / senior citizen
preferred the writ petition before this Court.
(E) Writ Court's Findings:
8. The Writ Court considered the complaint, reply and findings of the
Tribunal and Appellate Authority. The Writ Court considered the term
“Normal Life” under Section 4(2) of the Senior Citizens Act. It is not a
mere life, but a life with security and dignity. In the context of Article
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
21 of the Constitution of India, it includes decent medical facilities,
food, shelter with dignity and security. When all such combined
necessities of human life is falling under the term “Normal Life”, simply
providing food and shelter would be insufficient and such a statement
made by relatives of the senior citizen, at no circumstances be trusted
upon nor taken into consideration either by the competent authority or
by the Courts.
9. Therefore, the children/relatives defending their case, merely
on the ground that they are willing to provide food and shelter, cannot
be considered as a ground for the purpose of sustaining the
settlement deed executed by the senior citizens. The requirements of
the provisions of the Act, the legislative intention and its spirit travels
beyond the assurance of the children/relatives of the senior citizens
that they will maintain the senior citizen. This special enactment
contemplates a life with dignity, including physical needs, love, and
care, which must be considered by the authority, while dealing with
complaints. The Writ Court considered the judgment of the Supreme
Court of India in the case of S.Vanitha vs. Deputy Commissioner,
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
Bengaluru Urban and District and Others1 and judgment of the
Kerala High Court in the case of Radhamani and Others vs. State
of Kerala2.
10. Relying on the established legal principles settled by the
Courts and considering the objectives and the spirit of the Senior
Citizens Act, the Writ Court quashed the orders passed by the
Tribunal and Appellate Authority and declared the settlement deed
executed by the senior citizen in favour of the appellant as void. The
Writ Court further directed the appellant to hand over the vacant
possession of the properties to the senior citizen forthwith. Thus, the
present Writ Appeal has been instituted.
II. Arguments made on Behalf of the Appellant:
11. The learned counsel for the appellant would mainly
contend that the condition, as stipulated under Section 23 of the Act is
not expressly made in the settlement deed. When Section 23
contemplates two conditions, in the absence of any condition in the
1. (2021) 15 SCC 730
2. 2015 SCC OnLine Ker 33530
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
settlement deed, the complaint to declare the settlement deed as null
and void is not maintainable.
12. The settlement deed in favour of the appellant was executed
by the senior citizen on his own wish, without any undue influence or
coercion, but rather out of love and affection. The senior citizen had
settled the property on 05.06.2023 vide registered Document
Nos.8552, 8559 and 8562 of 2023. Accordingly, the appellant has
occupied the said house along with his family. The appellant did not
prevent the senior citizen from living in the same house. The
settlement deed executed is irrevocable and was executed by the
senior citizen on his own volition.
13. Therefore, the learned counsel for the appellant contented
that the declaratory relief granted by the Writ Court is in violation of
the provisions of the Transfer of Property Act, 1882. Therefore,
declaring the settlement deed executed by the senior citizen with his
consent as void is erroneous. Consequently, the Writ Order is to be
set aside.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
III. Submissions made on Behalf of the Senior Citizen:
14. The learned counsel appearing on behalf of the 1st
respondent /senior citizen would oppose by stating that the statement
given by the senior citizen before the Tribunal and the Appellate
Authority are categorical, and he was forcibly driven out of his family
house. The property was settled with a fond hope that the appellant
and his wife would maintain the senior citizen till his life time. Merely
providing food and shelter would be insufficient to comply with the
provisions of the Senior Citizens Act.
15. The settlement deed expressly states that it was executed
due to love and affection and to protect the future of the appellant.
Therefore, the love and affection being the consideration, the conduct
of the appellant after execution of the settlement deed was taken into
account by the Writ Court in the context of the provisions of the Senior
Citizens Act. Thus, there is no infirmity in the Writ order and it is to be
sustained.
IV. Legal Position:
16. This Court has elaborately considered the legal principles,
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
governing the provisions of the Senior Citizens Act, particularly in the case
of S.Mala vs. District Arbitrator and District Collector, Nagapatinam
District (W.A.No.3582 of 2024 dated 06.03.2025). Additionally, in another
judgment also, this Court has further deliberated on the legal principles
(W.A.No.3178 of 2024 dated 01.04.2025). The legal principles considered
are as under:
(A) Indian Constitution and Senior Citizens Act:
17. The essence of law is to serve and secure social solidarity,
ensuring that individuals fulfil their obligations as members of society. Social
welfare legislations emerge as instruments of justice, designed to safeguard
vulnerable groups and maintain societal balance. The Maintenance and
Welfare of Parents and Senior Citizens Act, 2007 is a significant enactment
that embodies this philosophy by protecting the rights and dignity of elderly
citizens of our great nation.
18. Welfare systems differ across countries, but they commonly
provide support to the poor, unemployed, disabled individuals, the elderly
and those with dependent children. In a broader sense, welfare refers to the
overall well-being of individuals or groups, encompassing health, happiness,
safety, economic prosperity, and social security. A truly welfare-oriented
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
state ensures not just basic needs but also a dignified and fulfilling life for its
citizens. Providing for the welfare of the general public is a fundamental
responsibility of the Government.
19. The Senior Citizens Act, 2007 is a direct reflection of these
constitutional philosophy and ethos, ensuring that the elderly, who have
contributed to society throughout their lives, are not abandoned or deprived
of their basic necessities and physical needs. The vision of Article 41 of the
Constitution of India is to protect the rights and interest of senior citizens
and enable them to lead a life with dignity and respect. Thus, the Act
provide a comprehensive framework for ensuring the well-being of senior
citizens of our great nation.
20. The United Nations Universal Declaration of Human Rights, 1948,
recognizes human dignity as a fundamental aspect of human rights.
Ensuring a dignified life for all individuals is a primary duty of the State.
Addressing concerns about the treatment of older persons, the Open-Ended
Group on Ageing, in its first session, observed that: “Another central
challenge for older persons is living with dignity. The very process of ageing
could threaten older people’s dignity as they were perceived by others to be
inherently less valuable to society. Independence, participation, and
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
autonomy were critical components of dignity. In particular, older persons
should be perceived as active members of their societies and not only as
recipients of social protection3"
21. Despite the constitutional assurances, ensuring a dignified life for
senior citizens remains a challenge in contemporary society. While Article
21 guarantees the right to life and personal liberty, the meaning of a
dignified life in old age depends on the legitimate needs of senior citizens.
22. The Supreme Court, in F.Francis Coralie Mullin vs.
Administrator, Union Territory of Delhi4, expanded the scope of Article 21
of the Constitution of India, recognizing that:
"We think that the right to life includes the right to
live with human dignity and all that goes along with
it, namely, the bare necessaries of life such as
adequate nutrition, clothing and shelter and
facilities for reading, writing and expressing
oneself in diverse forms, freely moving about and
mixing and commingling with fellow human beings.
Of course, the magnitude and content of the
components of this right would depend upon the
3. These observations were noted by the Chair, while submitting the report of the First Open Ended
Working Group on Aging.
4. A.I.R. 1981 746.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
extent of the economic development of the
country, but it must, in any view of the matter,
include the right to the basic necessities of life and
also the right to carry on such functions and
activities as constitute the bare minimum
expression of the human-self."
23. This interpretation of Article 21 reinforces the right of senior
citizens to a dignified life in their old age. As individuals grow older, they
often become financially, physically, and emotionally dependent on their
families or society. However, neglect, abandonment, and lack of proper care
have become serious issues affecting the elderly.
(B). The Scheme Under the Senior Citizens Act:
24. The statement of objects and reasons of the Bill which was
introduced in the Parliament declares as follows:
“Traditional norms and values of the Indian society
laid stress on providing care for the elderly.
However, due to withering of the joint family
system, a large number of elderly are not being
looked after by their family. Consequently, many
older persons, particularly widowed women are
now forced to spend their twilight years all alone
and are exposed to emotional neglect and to lack
of physical and financial support. This clearly
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
reveals that ageing has become a major social
challenge and there is a need to give more
attention to the care and protection for the older
persons. Though the parents can claim
maintenance under the Code of Criminal
Procedure, 1973, the procedure is both time-
consuming as well as expensive. Hence there is a
need to have simple, inexpensive and speedy
provisions to claim maintenance for parents. The
Bill proposes to cast an obligation on the persons
who inherit the property of their aged relatives to
maintain such aged relatives and also proposes to
make provisions for setting-up oldage homes for
providing maintenance to the indigent older
persons. The Bill further proposes to provide better
medical facilities to the senior citizens and
provisions for protection of their life and property.”
25. The law has been made in order to cast an obligation on the
persons, who inherit the property of their aged relatives to maintain
such aged relatives and also proposes to make provisions for setting-up
oldage homes for providing maintenance to the indigent older persons and
also to provide better medical facilities to the senior citizens and provisions
for protection of their life and property, etc.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
26. The objectives of the Act are summarised as follows:
(a) To provide for appropriate mechanism to be set-up to provide
need-based maintenance to the parents and senior citizens
from their children, grandchildren or relatives as the case may
be,
(b) To provide for adequate medical facilities to senior citizens,
(c) To provide for a suitable mechanism for protection of life and
property of senior citizens,
(d) To provide for penal provision for abandonment of senior
citizens,
(e) To provide facilities for poor and destitute senior citizens,
(f) To provide for setting up of old age homes in every district.
27. The Senior Citizen Act is principally welfare legislation. However,
as it deals with two class of people; First, parent [Section 2(h)‘Senior
citizen’ means “any person being a citizen of India, who has attained the
age of sixty years or above.”] , who may or may not be senior citizens,
and second, senior citizens. There is a possibility of the two groups of
people aligning congruently.
28. The Act refers to two terms, which can be read in conjunction,
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
‘maintenance’ and ‘welfare’. Section 2(b) of the Act states Maintenance
‘includes provision for food, clothing, residence and medical attendance and
treatment’ and ‘Welfare’ ‘means provisions for food, health care, recreation
centres and other amenities necessary for the senior citizens.’
29. For entitlement of maintenance under the Act, it is not
necessary that parents must be senior citizens, meaning thereby
parents need not have attained the threshold age of 60 years or more.
Parents and senior citizens are two classes complete and exclusive in
themselves. This is the reason section 4 of the Act provides entitlement to
both to get maintenance.
30. Section 4 of the Senior Citizens Act stipulates “Maintenance
of Parents and Senior Citizens”:
(1) A senior citizen including parent who is unable to
maintain himself from his own earning or property owned by
him, shall be entitled to make an application under section 5 in
case of—
(i) parent or grand-parent, against one or more of
his children not being a minor
(ii) a childless senior citizen, against such of his
relative referred to in clause (g) of section 2.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
(2) The obligation of the children or relative, as the case
may be, to maintain a senior citizen extends to the needs of
such citizen so that senior citizen may lead a normal life.
(3) The obligation of the children to maintain his or her
parent extends to the needs of such parent either father or
mother or both, as the case may be, so that such parent may
lead a normal life.
(4) Any person being a relative of a senior citizen and
having sufficient means shall maintain such senior citizen
provided he is in possession of the property of such senior
citizen or he would inherit the property of such senior citizen :
Provided that where more than one relatives are entitled to
inherit the property of a senior citizen, the maintenance shall be
payable by such relative in the proportion in which they would
inherit his property.’
31. The scope of ‘maintenance’ includes within its ambit food,
clothing, residence, medical attendance and treatment. The same shall be
considered while deciding maintenance allowance irrespective of gender of
parent. But if, an application is filed by senior citizens against relative who
would probably inherit that property the maintenance order shall be
considered from the point of view of ‘welfare’ which ‘means provisions for
food, health care, recreation centres, and other amenities necessary for the
senior citizens’. Defining the two terms distinctively may have two
connotations but whenever there is question of maintenance or
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
welfare of life and survival of parents and senior citizens, both
definitions must be seen from a cumulative perspective whereby life
includes conducive conditions for a normal life inclusive of dignity.
32. The term normal life should be considered as containing within its
scope dignified life while deciding maintenance or passing order for welfare
measures. In case of Dr. Ashwani Kumar v. Union of India5 Supreme
Court opines:
“We accept that the right to life provided for in
Article 21 of the Constitution must be given an
expansive meaning. The right to life, we
acknowledge, encompasses several rights but for
the time being we are concerned with three
important constitutional rights, each one of them
being basic and fundamental. These rights
articulated by the petitioner are the right to live
with dignity, the right to shelter and the right to
health. The State is obligated to ensure that these
fundamental rights are not only protected but are
enforced and made available to all citizens.”
33. Children includes son, daughter, grandson and grand-daughter
but does not include a minor.’ [Section 2(a)] ‘Relative means ‘any legal heir
5. (2019) 2 SCC 636
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
of the childless senior citizen who is not a minor and is in possession of or
would inherit his property after his death.’ [Section 2(g)] Both words should
be seen together to decipher the exact position of maintenance of parents
and senior citizens. The purpose of providing definition of ‘children’ is
basically to cover the matters of maintenance of parents. Children are
primarily the respondents in cases of application for maintenance before the
Tribunal under Section 4. ‘Parents’ and ‘senior citizens’ both are eligible to
file an application for maintenance in case of their inability to maintain
themselves. Senior citizens, who do not have any child, have also been
extended protection but the process and measures differ.
34. In order to meet the objective of the statute, there have been
instances where sons and daughters in law have been called for
maintaining the parents and senior citizens. However, the definition of
children and relatives should include the sons or daughters in law and
therefore, changes in the provisions of the law is needed. [Balbir
Kaur vs. Presiding officer Cum SDM]6. This change is exacerbated by the
fact that there are parents and senior citizens who do not have any child
within the statutory sense of the term but require maintenance and welfare.
Furthermore, an expansive meaning of the term would help ensure that no
6. 2015 SCC OnLine P&H 260
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
parent or senior citizen is left out of the umbrella of the welfare.
35. Application for maintenance mentioned under Section 4 may be
filed by a senior citizen or a parent as the case may be : or if he or she is
incapable, by any other person or organization authorized by him or her; or
if the facts come to the knowledge of the tribunal it may take suo
motu cognizance of the fact. In respect of the jurisdiction where such an
application maybe filed, Section 6 provides that the application may be filed
where he or she resides or last resided or where the defendant i.e. children
or relative as the case may be, reside. The term ‘organization’ has been
explained in Section 5 which means any voluntary association registered
under the Societies Registration Act, 1860, or any other law for the time
being in force. This is the duty of State Government to constitute the tribunal
for each sub-division, which shall be presided over by an officer not below
the rank of Sub-divisional officer of a state.
(C) Interpretation and Scope of Section 23 of the Senior Citizens Act:
36. The preamble as well as the statement of objects and reasons
clearly shows that the intention of the Parliament in enacting the law and the
purpose of the law has to be gathered in interpretative process. Section
23(1) provides that any senior citizen who, after the commencement of the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
abovesaid Act, has transferred by way of gift or otherwise, his property,
subject to the condition that the transferee shall provide the basic amenities
and basic physical needs to the transferor and such transferee refuses or
fails to provide such amenities and physical needs, the said transfer of
property shall be deemed to have been made by fraud or coercion or under
undue influence etc.
37. Clause (1) of Section 23 lays down following conditions for
transfer of property by senior citizens:
(a) transferee shall provide the basic amenities and basic
physical needs to the transferor and
(b) such transferee refuses or fails to provide such amenities and
physical needs.
38. Many a times, senior citizens either to fulfil the demands of their
children or out of love and affection transfer their properties in favour of the
latter. Section 23(1) of the Act comes to the rescue of the former if they are
ill-treated or neglected by their children/relative after such transfer. Under
Section 23(1), such transfer is revocable at the option of the senior citizen. It
provides that where a senior citizen has transferred his property by way of a
gift deed or otherwise, subject to the condition that the transferee shall
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
provide basic amenities and physical needs to the transferor and such
transferee refuses or fails to provide such amenities and physical needs, the
transfer of such property shall be deemed to have been made by fraud or
coercion, or under undue influence7.
39. In the case of Promil Tomar and Ors vs. State of Haryana and
Ors8 it was held that the word “otherwise” used under Section 23(1) of the
Act would include transfer of ownership, possession by way of a lease deed,
mortgage, licence, gift or sale deed.
“The word "otherwise" cannot be ignored for
the objective of Section 23 (1) of the Maintenance
Act. In context to the objectives of the Act,
"transfer" would mean that transfer of property by
senior citizen need not be a gift only but it could be
any transfer within the meaning of Transfer of
Property Act or would even include transferring of
any right of the nature of title or possession... A
senior citizen who had transferred his right, title or
interest to any other person by gift or otherwise
(which would include transfer of possession by
lease, mortgage or licence) would become void in
the event of transferee refusing to provide
amenities and physical needs. The said transfer in
such circumstances would be termed as fraud and
7. Shabeen Martin v. Muriel, (2016) 4 KLJ 699
8. 2013 SCC OnLine P&H 26819
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
would be void.”
40. The plain language of Section 23 does not require the condition
referred to therein namely the condition that the transferee shall provide the
basic amenities and basic physical needs to the transferor, to be stated in
writing in the document that transfers the property or in any other
document”. The “condition” can be either express or implied and
should be understood based on the conduct of the transferee before
and after the execution of gift/ settlement deed.
41. In Smt. Sunita Bhasin v. State of NCT of Delhi9, held that, it is
implicit in any gift of property, that is executed out of natural love and
affection, that the transferee would reciprocate the love and affection and, at
the very least, provide the basic amenities and meet the physical needs of
the donor and express stipulation that the gift deed has been made on an
understanding that the transferee would look after the basic needs of the
donor is not necessary.
42. As per Section 17 of the Indian Contract Act, 1872, “fraud”
includes any promise made without an intention of performing it. The third
proviso to Section 92 of the Indian Evidence Act, 1872 provides that the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
existence of any separate oral agreement, constituting a condition
precedent to the attaching of any obligation under such contract, grant or
disposition of property may be proved. Thus, it is evident that there is no
requirement even under law that the “condition” should form part of the
written document .
43. Section 122 of the Transfer of Property Act, 1882 (hereinafter
referred to as “TP Act”) defines a gift as any transfer of certain existing
movable and immovable properties made voluntarily without any
consideration. Section 126 of the TP Act provides for the suspension or
revocation of a gift on happening of any specified event upon which the
donor and done have agreed upon. Condition for maintenance during old
age cannot be assumed as a consideration for gift. More so, consideration
specified under Section 122 refers to monetary consideration and natural
love and affection. The gift/settlement deed on a promise that the donee will
look after the donor at the old age is a transaction without consideration. It
is, therefore, clear that there is no inconsistency between the provisions of
the TP Act and Section 23(1) of the Act.
44. Moreover, Section 23(1) is only an addition to the provisions of
the TP Act as it provides additional safeguards to the senior citizens. Even if
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
there is any inconsistency between Section 23(1) and provisions of the TP
Act, the former will prevail not because it has an overriding effect over the
other laws for the time being in force but, based on the legal maxim
“Generalia Specialibus non derogant”, i.e., special enactment (the Act)
prevails over the general enactment (TP Act – a general law relating to
transfer of property).
45. Thus, while construing the provisions of Section 23 it is to be
borne in mind that in common law, a person could get a justiciable cause of
action so as to seek setting aside of a transfer deed like gift deed,
settlement deed, etc. only on limited grounds of actual fraud,
misrepresentation, coercion and undue influence, incompetency, etc. But
with the legislative intervention through the special provision in Section 23, a
senior citizen is enabled to seek setting aside of a transfer deed like
settlement deed, gift deed, etc. if he has so transferred the property with the
explicit or implicit condition that the transferee shall provide the basic
amenities and necessities to him and in case of violation of such condition,
then a legal fiction is created that due to such violation, it shall be deemed
that the transfer of property shall be deemed to have been made by fraud or
coercion or misrepresentation.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
46. So at the option of the transferor-senior citizen, he could seek the
voiding of such transfer by the Tribunal in those contingencies. So it
creates an extra-ordinary remedy by such legislative intervention to
aid the senior citizen. The creation of such legal fiction of “deemed
fraud/coercion/undue influence” by the above enactment is indeed a serious
inroad into the common law position of having to plead and prove actual
fraud/coercion/undue influence, etc. So the said provision in Section 23
has to be interpreted and construed not only as a welfare legislation,
but also strictly, due to such serious substantial inroads made to the
common law scenario.
47. It is not provided in explicit and clear terms in Section 23 as to
whether the transferee against whom the relief under Section 23 is sought
for by the transferor senior citizen should necessarily be confined to
transferees, who are relatives or children of the senior citizen/parent.
Section 2(g) of the abovesaid Act defines a “relative” and Section 2(a)
thereof defines the term, “children” to include son, daughter, grandson and
grand-daughter but does not include a minor.
48. The definitions' clause as per Section 2 of the Maintenance and
Welfare of Parents and Senior Citizens Act clearly insists for a contextual
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
understanding of the various sub clauses therein, as it stipulates that the
various definitions are to be so understood, “unless the context otherwise
require”. The relevance and necessity for adherence to contextual
interpretation in appropriate cases has been underscored by the Apex Court
and various High Courts in a catena of rulings.
49. It would also be pertinent to refer to the canons of interpretative
construction based on the principle of purposive interpretation or
purposive construction. It will be relevant in that regard to refer to the
views of Aharon Barak, the eminent jurist and former President of the
Supreme Court of Israel, who in his illuminating treatise “Purposive
Interpretation in Law” has pithly put it as follows: “Purposive interpretation is
based on three components : language, purpose, and discretion. Language
shapes the range of semantic possibilities within which the interpreter acts
as a linguist. Once the interpreter defines the range, he or she chooses the
legal meaning of the text from among the (express or implied) semantic
possibilities. The semantic component thus sets the limits of interpretation
by restricting the interpreter to a legal meaning that the text can bear in its
(public or private) language.”
50. As held by the Apex Court in the judgement in Shailesh
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
Dhairyaman v. Mohan Balakrishna Lulla10, that the principle of “purposive
interpretation” or “purposive construction” is based on the understanding
that the court is supposed to attach that meaning to the provisions which
serve the “purpose” behind such a provision. The basic approach is to
ascertain what is it designed to accomplish? And to put it otherwise to
interpretative process the court is supposed to realise the goal that
the legal test is designed to realise, etc.
51. Thus, the provisions of the Act, including Section 23, must be
read liberally and in a purposive manner. The principal object of the Act is to
enable the senior citizens and parents to secure their basic physical needs
and amenities and to void any transfers made with the understanding that
their needs would be looked after by the transferee, if the transferee fails to
live-up to the said commitment.
(D) Summary Procedure for Speedy Relief:
52. While Section 23 of the Act provides a legal remedy for senior
citizens to reclaim their property transferred under coercion, undue
influence, or fraud, Section 8 plays a crucial role in ensuring that such relief
is granted in an expeditious manner.
10. (2016) 3 SCC 619
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
53. Section 8 of the Act mandates that the Maintenance Tribunal
shall adopt a summary procedure while conducting inquiries. This provision
ensures that senior citizens do not have to go through lengthy litigation to
secure their rights, thereby making the remedies under the Act more
accessible and effective.
54. The key features of Section 8 include:
(1) Expedited Proceedings – The Tribunal is empowered to
conduct an inquiry in a summary manner, meaning that cases
are resolved without unnecessary procedural delays.
(2) Quasi-Judicial Powers – The Tribunal possesses the powers of
a Civil Court for summoning evidence, enforcing the attendance
of witnesses, and compelling the production of documents.
(3) No Full Adjudication of Title Required – Senior citizens seeking
eviction of abusive children/legal heirs or reclaiming transferred
property need only demonstrate some right, title, or interest in
the property, rather than proving absolute ownership.
55. The summary nature of proceedings under Section 8 aligns with
the spirit of the Act, which is to provide swift and effective justice to senior
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
citizens facing neglect, harassment, or financial exploitation.
56. Additionally, Maintenance Tribunals, while adjudicating claims
under Section 23, must take into consideration the need for prompt
intervention. They have the discretion to call for relevant documents,
including encumbrance certificates, to assess property claims. However,
requiring a full title adjudication would go against the very objective of the
Act, which is designed to provide immediate relief to senior citizens.
57. Thus, Section 8 complements Section 23 by ensuring that the
rights conferred under the Act are enforced without procedural hurdles.
58. The relevant portion of the judgment of this Court in the case of
S.Mala vs. The District Arbitrator cited supra is extracted as follows,
“....
(D) Case Laws on Senior Citizens Act:
36. The Three Judges Bench of the Hon'ble
Supreme Court of India in the case of S.Vanitha
vs. Deputy Commissioner, Bengaluru Urban
District and Others10, elaborately considered the
legislative scheme, rights of residence,
safeguarding against domestic violence etc. In
Paragraph No.24 of the judgment, the Apex Court
10. 2021 15 SCC 730
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
considered the distinction between sub-sections
(1) and (2) of Section 23. The conditions stipulated
expressly have been considered by the Court, but
the scope of interpretation, the beneficial
construction and the need for the protection needs
to be extended impliedly under the Senior Citizens
Act, have not been examined into by the Apex
Court in S.Vanitha's case cited supra. Therefore,
the expressed provision made under Section 23(1)
of the Act is one aspect of the matter and the
scope of certain implied benefits conferred under
Section 23 to the Senior Citizens is another aspect
of the matter, which is to be considered by this
Court in the context of the facts of each case.
37. In the case of Sudesh Chhikara vs.
Ramti Devi and Others11 in paragraph No.13, the
Hon'ble Supreme Court made an observation as
under;
“........
13. When a senior citizen parts with
his or her property by executing a gift or
a release or otherwise in favour of his or
her near and dear ones, a condition of
looking after the senior citizen is not
necessarily attached to it. On the
11. MANU/SC/1581/2022
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
contrary, very often, such transfers
are made out of love and affection
without any expectation in return.
Therefore, when it is alleged that the
conditions mentioned in sub-section (1)
of Section 23 are attached to a transfer,
existence of such conditions must be
established before the Tribunal.”
38. The Hon'ble Supreme Court in the
above case regarding the scope of Section 23(1)
of the Act, made an observation that “On the
contrary, very often, such transfers are made out
of love and affection without any expectation in
return”. It would be sufficient to form an opinion
that the Apex Court considered the implied
conditions in the said case. However, the Apex
Court further observed by stating that, if it is
alleged that the conditions mentioned in sub-
section (1) of Section 23 are attached to a transfer,
the existence of such conditions must be
established. Therefore, the Apex Court considered
that, very often transfers are made out of love and
affection, and in the event of any conditions
expressly made in the document, it must be
established.
39. Importantly, in Urmila Dixit's case cited
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
supra, the Hon'ble Supreme Court further clarified
the scope of Senior Citizens Act in Paragraph
Nos.23, 24 and 25, which reads as under,
“......
23. The Appellant has submitted
before us that such an undertaking
stands grossly unfulfilled, and in her
petition under Section 23, it has been
averred that there is a breakdown of
peaceful relations inter se the parties.
In such a situation, the two conditions
mentioned in Sudesh (supra) must be
appropriately interpreted to further the
beneficial nature of the legislation and
not strictly which would render otiose
the intent of the legislature. Therefore,
the Single Judge of the High Court and
the tribunals below had rightly held the
Gift Deed to be cancelled since the
conditions for the well-being of the
senior citizens were not complied with.
We are unable to agree with the view
taken by the Division Bench, because it
takes a strict view of a beneficial
legislation.
24. Before parting with the case
at hand, we must clarify the
observations made vide the impugned
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
order qua the competency of the
Tribunal to hand over possession of the
property. In S. Vanitha (supra), this
Court observed that Tribunals under
the Act may order eviction if it is
necessary and expedient to ensure the
protection of the senior citizen.
Therefore, it cannot be said that the
Tribunals constituted under the Act,
while exercising jurisdiction under
Section 23, cannot order possession to
be transferred. This would defeat the
purpose and object of the Act, which is
to provide speedy, simple and
inexpensive remedies for the elderly.
25. Another observation of the
High Court that must be clarified, is
Section 23 being a standalone
provision of the Act. In our considered
view, the relief available to senior
citizens under Section 23 is intrinsically
linked with the statement of objects and
reasons of the Act, that elderly citizens
of our country, in some cases, are not
being looked after. It is directly in
furtherance of the objectives of the Act
and empowers senior citizens to secure
their rights promptly when they transfer
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
a property subject to the condition of
being maintained by the transferee.”
40. The Apex Court in the above
judgment has considered the case of S.Vanitha
cited supra. The Hon'ble Supreme Court in the
case of Urmila Dixit cited supra culled out the
legal proposition that, even an implied condition
i.e., love and affection for execution of gift or
settlement deed would be sufficient enough for
nullifying the documents. The intent of the
legislature has been considered by the Apex
Court.
41. In the case of Mohamed Dayan vs.
The District Collector, Tiruppur District and
Others12, the Single Judge of this Court (SMSJ)
considered the scope of the Senior Citizens Act
and the judgment of the Kerala High Court was
also taken into consideration. The relevant
paragraphs are extracted herein under,
“.......
34. In the context of the adoption
of the phrase “lead a normal life” Rule
20(2)(i) of the Maintenance of Senior
Citizen Rules, enumerates that “it shall
be the duty of the District Collector to
12. MANU/TN/5114/2023
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
ensure that life and property of senior
citizens of the District are protected and
they are able to live with security and
dignity”. Therefore, normal life includes
security and dignity. Thus the normal life
as indicated under Section 4(2) of the
Act, is not mere life, but a life with
security and dignity. In the context of
Article 21 of the Constitution of India, life
includes decent medical facility, food,
shelter with dignity and security. All
such combined necessities of human
life is falling under the term “Normal
Life” emboldened under Section 4(2) of
the Senior Citizen Act. Therefore, simply
providing food and shelter would be
insufficient. But life includes providing of
decent medical facilities, food, shelter
and other requirements with dignity in
commensuration with the status of the
family and taking into consideration of
the living style of the senior citizen
throughout.
..................
..................
38. The Kerala High Court
observed in the case of Radhamani and
Others (cited supra), Section 23(1) of
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
the Senior Citizen Act, cannot be
interpreted to the disadvantage of the
senior citizen. Section 23(1) of the Act
contemplates that “Where any senior
citizen who, after the commencement of
this Act, has by way of gift or otherwise,
his property, subject to the condition
that the transferee shall provide the
basic amenities and basic physical
needs to the transferor and such
transferee refuses or fails to provide
such amenities and physical needs, the
said transfer of property shall be
deemed to have been made by fraud or
coercion or under undue influence and
shall at the option of the transferor be
declared void by the Tribunal”. The
phrase “ subject to the condition that the
transferee shall provide the basic
amenities” does not mean that the Gift
or Settlement Deed should contain any
such condition expressly. “Subject to the
condition” as employed in Section 23(1),
is to be holistically understood with
reference to the subsequent phrase i.e.,
“deemed to have been made by fraud or
coercion or undue influence”. Both the
phrases would amplify that the deeming
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
clause should be considered so as to
form an opinion that the phrase “subject
to condition” amounts to an implied
condition to maintain the senior citizen
and any violation would be sufficient for
the purpose of invoking Section 23(1) of
the Act, to cancel the Gift or Settlement
Deed executed by the senior citizen.
.....................
....................
41. The entire purpose and object
of the Senior Citizens Act, is to consider
the human conduct towards them.
When the human conduct is indifferent
towards senior citizen and their security
and dignity are not protected, then the
provisions of the Act, is to be pressed
into service to safeguard the security
and dignity of senior citizen. Therefore,
the purposive interpretation of the
provisions are of paramount importance
and Section 23 of the Act, cannot be
mis-utilised for the purpose of rejecting
the complaint filed by the senior citizen
on the ground that there is no express
condition for maintaining the senior
citizen. Even in the absence of any
express condition in the document,
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
“Love and Affection” being the
consideration for execution of Gift or
Settlement Deed, such love and
affection becomes a deeming
consideration and any violation is a
ground to invoke Section 23(1) of the
Act. Thus there is no infirmity in respect
of the order passed by the second
respondent in the present case.”
42. In the case of Radhamani and
Others vs. State of Kerala13, the learned Single
Judge of the Kerala High Court considered Section
122 of Transfer of Property Act, 1882. In
paragraph No.11 of the judgment, it is observed
that, “Section 23 of the Senior Citizens Act, 2007
does not contemplate that the condition should
form part as recital in the deed of transfer. It only
refers that there should be a condition for such
transfer. This condition can be either express
or implied. If there is no express recital in the
deed, the Tribunal has to look around
circumstances to find out whether conduct
otherwise dispel the intention of donor to revoke.
The consideration for executing a gift deed or
settlement deed is based on human conduct,
caring and conscientious. Transfer admittedly is
13. 2015 SCC OnLine Ker 33530
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
out of love and affection. Any donor in a gift deed
would expect in a natural course of human
conduct that donee continues to behave in same
manner as behaved before execution of the deed.
The love and affection influenced for execution of
the deed certainly must be enduring and without
any barrier.” It is further stated that,
“..........
11. It is to be noted that the
special scheme in terms of Senior
Citizens Act, 2007 could declare
certain transfer as void, taking note of
the fact that by taking advantage of the
emotionally dependent senior citizens,
relatives grab the property on the
pretext of providing emotional support.
Therefore, legislature thought such
transaction could be declared as void
as the conduct leading to transaction
was based on malice or fraud.
Therefore, condition referred in Section
23 has to be understood based on the
conduct of the transferee and not with
reference to the specific stipulation in
the deed of transfer. Thus, this Court is
of the view that it is not necessary that
there should be a specific recital or
stipulation as a condition in the transfer
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
of deed itself. This condition mentioned
in Section 23 is only referable as a
conduct of the transferee, prior to and
after execution of the deed of transfer.
Thus, challenge based on the ground
that there is no reference in the recital
of deed that transferee will provide
basic amenities and physical needs to
the transferor is of no consequence.”
43. In the case of Subhashini vs.
District Collector and Others14, the legal
proposition laid down by the learned Single Judge
in the Radhamni's case cited supra has been
approved by the Division Bench of the Kerala High
Court.
44. In the case of Palanimuthu vs. The
Principal Officer, Maintenance Tribunal
/Revenue Divisional Officer, Namakkal and
Others15, the learned Single Judge of this Court
(SMSJ), considered the very same issues.
45. The Hon'ble Supreme Court of India
in the recent case of Urmila Dixit cited supra
interpreted Section 23(1) of the Act to hold that
express condition in the deed may not be required
14. 2020 SCC Online Ker 4080
15. MANU/TN/2011/2024
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
and non-maintenance of a senior citizen per se
would result in invoking the implied condition for
which such gift or settlement deed has been
executed by the senior citizen out of love and
affection, which is relatable to human conduct.
Thus, all other judgments of the High Courts
running counter to the principles laid down by the
Hon'ble Supreme Court in Urmila Dixit's case
denuded to lose its status as precedent.”
VI. Discussions:
59. The facts in the present case reveal that the senior citizen
executed the settlement deed due to love and affection and for the
better future of his son. However, after executing the settlement deed,
the conduct of the son was indifferent towards the senior citizen.
According to the statement of the senior citizen before the Tribunal
and the Appellate authority/District Collector, he was subjected to
physical and mental harassment. He made a specific allegation
against his son, stating that the settlement deed was executed forcibly
and coercively. The term expressly stated that the settlement deed
has been executed out of love and affection and for the better future
of the appellant, would be sufficient to satisfy the condition stipulated
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
under Sections 23(1) of the Senior Citizens Act.
60. In this context, it is unnecessary to explicitly state that the
children/relatives undertake to maintain the senior citizen. It is
sufficient that the property has been settled out of love and affection,
which serves as the consideration for executing the settlement or gift
deed.
61. Thus, the condition expressly stated in the settlement deed
is the consideration and an implied condition to satisfy the
requirement under Section 23(1) of the Senior Citizens Act.
Therefore, this Court do not find any infirmity in respect of the findings
made by the Writ Court, which is in consonance with the provisions of
the Senior Citizens Act.
62. Recently, the statistics taken by various organizations are
alarming. Across many states in the country, the senior citizens are
neglected and after sacrificing their life for the benefit of the family at their
old age they are in lurch. Many senior citizens are now staying in old age
homes or in Government homes, if they are poor, and even old aged
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
persons having money is unable to maintain themselves, on account of
vulnerable situation prevailing in the society. The senior citizen in the
present day society is a target by the criminals and therefore, protecting the
senior citizen is the duty mandated on the State under the Constitution of
India.
63. The Writ Court made findings that the children defending their
case merely on the ground that they are willing to provide food and shelter,
cannot be considered as a ground for the purpose of sustaining the
Settlement Deed executed by the senior citizen.
64. The requirement of the provisions are to be complied in its real
spirit, and in the event of any doubt, the Authority Competent is empowered
to cancel the Settlement Deed or Gift Deed, as the case may be, in order to
protect the normal life of senior citizen.
65. The possibility of maintaining the senior citizen in the context of
strained relationship is to be looked into. Therefore, mere statements or
affidavits filed before the Courts stating that the son or daughter will
maintain the senior citizen are insufficient. Courts in application of its mind,
has to consider the practicality of the issues as a whole for the purpose of
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
declaring the document as null and void.
66. Striking a balance require that the life and dignity of the senior
citizen is protected. That being so, the best option for the authorities and the
Courts is to annul the settlement or gift deed rather than believing such
statements made after arising of the disputes and when the parties are in
strained relationship.
67. Therefore, the approach of the Writ Court is balanced and in
consonance with the legislative intent and spirit of the Act. Since the right to
life and dignity is a fundamental constitutional right, Courts cannot adopt a
midway path, which may result in miscarriage of justice.
VII. Conclusion:
68. The facts of the present case reveal that the relationship between
the senior citizen and the appellant is strained. The senior citizen executed
the settlement deeds by expressly stating that due to love and affection and
for the better future of the appellant, the settlement deeds were executed.
Therefore, the reason mentioned in the settlement deed which is implied
would be sufficient to comply with the conditions stipulated under Section
23(1) of the Act. Love and Affection and considering the better future of the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
transferee is the consideration and the condition implied under Section
23(1) of the Act and therefore, non maintenance of senior citizen would
entitle the senior citizen to file a complaint and in such circumstances, the
settlement deed is liable to be declared as void.
69. The discussions in the aforementioned paragraphs would be
sufficient for the purpose of arriving an irresistible conclusion that the relief
granted by the Writ Court in favour of the senior citizen is in consonance
with the constitutional principles and in accordance with the provisions of
the Senior Citizens Act.
70. Furthermore, Section 32 of the Senior Citizens Act empowers the
State Government to make rules. Accordingly, the State, in exercise of its
powers, notified the Tamil Nadu Maintenance and Welfare of Parents and
Senior Citizens Rules, 2009. Chapter V Rule 20 stipulates duties and
powers of the District Collector. Rule 20(2)(i) states that it shall be the duty
of the District Collector to ensure that life and property of senior
citizens of the district are protected and they are able to live with
security and dignity.
71. Therefore, the District Collector is directed to implement the writ
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
order dated 19.08.2024 in W.P.No.16468 of 2024 forthwith and protect the
senior citizen under the provisions of Act and Rules.
72. In view of the discussions made, this Court has arrived at an
irresistible conclusion that the appellant has not made out any acceptable
ground for the purpose of assailing the writ order impugned. Consequently,
the order dated 19.08.2024 passed in W.P.No.16468 of 2024 stands
confirmed and thus, the Writ Appeal is dismissed. The Connected
Miscellaneous Petition is closed. There shall be no order as to costs.
[S.M.S., J.] [K.R.S., J.]
08.04.2025
Jeni
Index : Yes / No
Speaking order / Non-speaking order
Neutral Citation : Yes / No
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
To
1.The District Collector / Appellate Tribunal
For Maintenance and Welfare of Parents
and Senior Citizens Act,
Coimbatore District,
Coimbatore.
2.The Sub Divisional Executive Magistrate /
Revenue Divisional Officer / Tribunal for
Maintenance and Welfare of Parents
and Senior Citizens Act,
Coimbatore South Division,
Coimbatore District.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
S.M.SUBRAMANIAM, J.
and
K.RAJASEKAR, J.
Jeni
08.04.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/04/2025 01:09:11 pm )
