Madras High Court
K.Suresh Kumar vs V.Kathirvel @ Krishnamoorthy on 8 April, 2025
Author: S. M. Subramaniam
Bench: S. M. Subramaniam
WA No. 3754 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-04-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
WA No. 3754 of 2024
and
CMP.No.29566 of 2024
1. K.Suresh Kumar
S/o. V.Kathirvel @ Krishnamoorthy,
Veedur Village and Post,
Tindivanam Taluk, Villupuram
District 605652
Appellant(s)
Vs
1. V.Kathirvel @ Krishnamoorthy
S/o. Veerabathiran, Mariyamman
Kovil Street, Veedur Village and
Post, Tindivanam Taluk, Villupuram
District 605652
2.The District Collector
Villupuram District.
3.The Sub-Collector,
Tindivanam, Villupuram District.
1/49
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WA No. 3754 of 2024
4.The Sub-Registrar
Respondent(s)
PRAYER
To set aside the Final order passed in W.P.No. 19714 of 2024 by order
dated 09.08.2024 on the file of this Court.
For Appellant : Mr.D.Senthilkumar
For Respondents : Mr.A.Pramila for R1
Mr.Vadivelu Deenadayalan
Additional Government Pleader for R1-4
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
(A) Facts in brief:
Under assail is the order dated 09.08.2024 passed in W.P.No.19714 of
2024.
(A) Complaint of Senior Citizen:
st
2. The 1 respondent in the present writ appeal is the senior citizen
and appellant is his son. The senior citizen filed a complaint before the
Sub Collector, Tindivanam stating that he is a permanent residence of
Vedur Village, Tindivanam Taluk and District. He has two wives namely
Veerammal and Sundari. Through first wife, Suresh Kumar and Kalpana
were born and through second wife, Indhumati and Seethalakshmi were
born. He possess self acquired properties and ancestral properties. He
is in possession and enjoyment of the properties. The documents are
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with the appellant. For business purposes, the appellant purchased a
TATA ACE vehicle by mortgaging the properties with the help of the
senior citizen. Subsequently, the senior citizen came to know that the
appellant has fraudulently executed the settlement deed by stating that it
is for mortgaging the properties. That apart, he is attempting to
fraudulently transfer the other properties. The senior citizen has not done
anything to him or to his two daughters born through his second wife.
The appellant is not maintaining the senior citizen and his wife and he
used to abuse them. Therefore, the senior citizen and his wife lost peace
and under those circumstances, they filed a complaint for cancelling the
settlement deed executed by the appellant fraudulently and under
coercion.
3. The appellant, in his reply to the complaint, stated that the
subject property in the settlement deed though transferred in his name,
st
the possession and enjoyment is with the 1 respondent / senior citizen.
He is doing agricultural activities and enjoying the benefits. The
documents alone stand in the name of the appellant. The appellant is
earning separately to maintain his family. The appellant states that some
properties were mortgaged for the purpose of purchase of vehicle and
the settlement deed was executed based on love and affection and for
the future benefit of the appellant. There is no condition stipulated in the
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settlement deed to maintain the senior citizen till their life time. In the
absence of any condition under Section 23 of the Maintenance and
Welfare of Parents and Senior Citizens Act, 2007, [hereinafter referred to as
'Senior Citizens Act'], the complaint is to be rejected.
(B) Reply by the Appellant:
4. In his reply to the complaint, the appellant stated that the senior
citizen is in possession and enjoyment of the subject property settled in favour
of the appellant/son of the senior citizen. The appellant claimed that the
settlement deed was executed with the senior citizen's consent.
5. The Sub-Collector, Tindivanam rejected the contention of the senior
citizen stating that the senior citizen is in possession and enjoyment of the
property and there is no express condition stated in the settlement deed.
(C) Appeal filed before the Appellate Authority:
6. Dissatisfied with the order of the Sub-Collector, Tindivanam, 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 appellant. The District Collector confirmed the
st
orders of the Sub-Collector, Tindivanam. Thus, the 1 respondent / senior
citizen preferred the writ petition before this Court.
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(D) Writ Court's Findings:
7. 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 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.
8. 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, Bengaluru Urban
and District and Others and judgment of the Kerala High Court in the case
1. (2021) 15 SCC 730
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of Radhamani and Others vs. State of Kerala .
9. 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:
10. Learned counsel for the appellant would submit that the senior
citizen is in possession and enjoyment of the subject property settled in favour
of the appellant/son of the senior citizen. It is further contended that the
settlement deed was executed by the paternal grandmother and the
respondent/senior counsel jointly. The paternal grandmother died.
11. It is mainly contended that there is no express condition in the
settlement deed. Therefore, the complaint for annulling the settlement deed
under Section 23(1) of the Act is not maintainable. Section 23(1) of the Act
specifically stipulates that the condition must be mentioned in the settlement
deed. In the absence of any express condition, the complaint filed for
canceling the settlement deeds is not entertainable.
2. 2015 SCC OnLine Ker 33530
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III. Submissions made on Behalf of the Senior Citizen:
st
12. Learned counsel for the 1 respondent/senior citizen would submit
that Senior Citizens Act must be interpreted pragmatically and practically, so
as to suit the Indian society which is intended by the legislature. A duty to
maintain parents can be traced to Section 20 of the Hindu Adoption and
Maintenance Act, 1956. In this context the Hon'ble Supreme Court of India in
the judgment in the case of Dr. (Mrs.) Vijaya Manohar Arbat Vs .Kashi Rao
Rajaram Sawai And Another held that “Indian Society casts a duty on the
children of a person to maintain their parents if they are not in a position to
maintain themselves. It is also their duty to look after their parents when they
become old and infirm”. The Senior Citizen Act has been held to be a
beneficial legislation by the Hon'ble Supreme Court, requiring a liberal
construction. Therefore, the Courts have interpreted the scope of Sections 4,
20 and 23(1) of the Act to reach the objectives of the Act and to protect the
livelihood of the senior citizen. Therefore, the Writ Court is right in interpreting
the scope of the Senior Citizens Act and thus, the Writ Appeal is to be
rejected.
13. The interpretation of Section 23(1) of the Act is intended to protect
the property of the Senior citizens. Section 23(1) of the Senior Citizens Act
must be read long with Section 126 of the Transfer of Property Act. Section
1 1987 2 SCC 278
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126 of the Transfer of Properties Act provides for revocation of a gift deed on
happening of a specific events among other grounds. This Section would
apply to Senior citizen, but these Sections require an expressed condition or
event to be established before the Civil Court. However, the Senior Citizens
Act contains effective provision for maintenance and welfare of the Senior
citizens.
14. The parliament did not want to repeat the provisions of Section 31
and 126 of Transfer of Property Act. However, an exclusive and better remedy
has been provided to the senior citizens. It is not only the basic amenities,
which is assured but basic physical needs which is also to be taken care of.
Therefore, mere grant of maintenance in terms of money is not the only object
under the Senior Citizens Act, but the love and care is contemplated under
various provisions of the Senior Citizens Act.
15. Considered the submissions made on behalf of the parties to the lis
on hand.
16. Admittedly, the senior citizen executed the settlement deed along
with his mother in favour of the appellant. That being the factum, the obligation
on the part of the appellant to maintain the senior citizen exist under the
provisions under the Senior Citizens Act.
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17. Both the Sub-Collector and the Appellate Authority/District Collector
rejected the case of the senior citizen only on the ground that the condition
under Section 23(1) of the Senior Citizens Act has not been expressly stated
in the settlement deed. Since there is no specific condition to maintain the
senior citizen in the settlement deed, the request of the senior citizen to annul
the same cannot be entertained. The scope of Section 23(1) of the Senior
Citizens Act has been elaborately considered by this Court in various
judgments.
IV. Legal Position:
18. This Court has elaborately considered the legal principles,
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:
19. 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
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that embodies this philosophy by protecting the rights and dignity of elderly
citizens of our great nation.
20. 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 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.
21. 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.
22. The United Nations Universal Declaration of Human Rights, 1948,
recognizes human dignity as a fundamental aspect of human rights. Ensuring
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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 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
protection "
23. 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.
24. The Supreme Court, in F.Francis Coralie Mullin vs.
Administrator, Union Territory of Delhi , 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,
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.
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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 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."
25. 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:
26. 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
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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 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
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life and property.”
27. 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.
28. 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.
29. The Senior Citizen Act is principally welfare legislation. However, as
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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.
30. The Act refers to two terms, which can be read in conjunction,
‘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.’
31. 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.
32. 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,
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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.
(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.’
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33. 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 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.
34. 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 India 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
5. (2019) 2 SCC 636
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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.”
35. Children includes son, daughter, grandson and grand-daughter but
does not include a minor.’ [Section 2(a)] ‘Relative means ‘any legal heir 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.
36. In order to meet the objective of the statute, there have been
instances where sons and daughters in law have been called for maintaining
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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] . 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 parent or senior citizen is left
out of the umbrella of the welfare.
37. 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.
6. 2015 SCC OnLine P&H 260
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(C) Interpretation and Scope of Section 23 of the Senior Citizens Act:
38. 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
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.
39. 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.
40. 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-
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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 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 influence .
41. In the case of Promil Tomar and Ors vs. State of Haryana and
Ors 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
7. Shabeen Martin v. Muriel, (2016) 4 KLJ 699
8. 2013 SCC OnLine P&H 26819
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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 would be void.”
42. 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.
43. In Smt. Sunita Bhasin v. State of NCT of Delhi , 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.
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44. 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
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 .
45. 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.
46. 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 there
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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).
47. 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.
48. 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
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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.
49. 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.
50. The definitions' clause as per Section 2 of the Maintenance and
Welfare of Parents and Senior Citizens Act clearly insists for a contextual
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.
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51. 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.”
52. As held by the Apex Court in the judgement in Shailesh
Dhairyaman v. Mohan Balakrishna Lulla , 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.
10. (2016) 3 SCC 619
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53. 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:
54. 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.
55. 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.
56. The key features of Section 8 include:
(1) Expedited Proceedings – The Tribunal is empowered to conduct
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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.
57. 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 citizens
facing neglect, harassment, or financial exploitation.
58. 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.
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59. Thus, Section 8 complements Section 23 by ensuring that the rights
conferred under the Act are enforced without procedural hurdles.
60. 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 Others , elaborately considered the legislative
scheme, rights of residence, safeguarding against
domestic violence etc. In Paragraph No.24 of the
judgment, the Apex Court 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
10. 2021 15 SCC 730
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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 Others 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
contrary, very often, such transfers are
made out of love and affection without
any expectation in return. Therefore,
11. MANU/SC/1581/2022
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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.
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39. Importantly, in Urmila Dixit's case cited
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
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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 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
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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 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
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District Collector, Tiruppur District and Others ,
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 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
12. MANU/TN/5114/2023
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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 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
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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 clause should be
considered so as to form an opinion that
the phrase “subject to condition” amounts
to an implied condition to maintain the
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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
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express condition in the document, “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 Kerala , 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
13. 2015 SCC OnLine Ker 33530
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consideration for executing a gift deed or settlement
deed is based on human conduct, caring and
conscientious. Transfer admittedly is 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
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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
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 Others , 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.
14. 2020 SCC Online Ker 4080
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44. In the case of Palanimuthu vs. The
Principal Officer, Maintenance Tribunal /Revenue
Divisional Officer, Namakkal and Others , 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
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.”
V. Discussions:
61. The facts in the present case reveal that the senior citizen executed
15. MANU/TN/2011/2024
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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 under Sections
23(1) of the Senior Citizens Act.
62. 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.
63. 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.
64. Recently, the statistics taken by various organizations are alarming.
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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 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.
65. 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.
66. 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.
67. 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
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consider the practicality of the issues as a whole for the purpose of declaring
the document as null and void.
68. 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.
69. 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.
VI. Conclusion:
70. 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
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
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senior citizen to file a complaint and in such circumstances, the settlement
deed is liable to be declared as void.
71. 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.
72. 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.
73. Therefore, the District Collector, Villupuram District is directed
to implement the writ order dated 09.08.2024 in W.P.No.19714 of 2024
forthwith and protect the senior citizen under the provisions of Act and
Rules.
74. In view of the discussions made, this Court has arrived at an
irresistible conclusion that the appellant has not made out any
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acceptable ground for the purpose of assailing the writ order impugned.
Consequently, the order dated 09.08.2024 passed in W.P.No.19714 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.SUBRAMANIAM J.)(K.RAJASEKAR J.)
08-04-2025
GD
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
To
1.V.Kathirvel @ Krishnamoorthy
S/o. Veerabathiran, Mariyamman
Kovil Street, Veedur Village and
Post, Tindivanam Taluk, Villupuram
District 605652
2.The District Collector
Villupuram District.
3.The Sub-Collector,
Tindivanam, Villupuram District.
4.The Sub-Registrar
Vikkravandi, Villupuram District.
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/04/2025 05:59:19 pm )
S.M.SUBRAMANIAM
J.
AND
K.RAJASEKAR J.
gd
08-04-2025
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