Madras High Court
R.Muniyammal vs The District Collector/ on 28 April, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
2025:MHC:1109
W.A.No.935 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 23.04.2025
PRONOUNCED ON : 28.04.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE K.RAJASEKAR
W.A.No.935 of 2025
R.Muniyammal ... Appellant
Vs.
1.The District Collector/
Appellate Tribunal,
Collectorate,
Dharmapuri District,
Dharmapuri.
2.The Sub Collector/
Sub Divisional Magistrate,
Dharmapuri,
Dharmapuri District
3.Perumal
S/o.Raman,
1/216-16, Mommasamuthiram,
Agraharam Village,
Nathatha Halli Post,
Nallampalli Taluk,
Dharmapuri District. ... Respondents
Page 1 of 46
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W.A.No.935 of 2025
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside
the order dated 26.02.2024 made in W.P.No.32 of 2024 passed by this Court.
For Appellant : Mr.N.Manokaran
For Respondents : Mr.Vadivelu Deenadayalan for R1&2
Additional Government Pleader
Mr.B.Gopalakrishnan for R3
JUDGMENT
S.M.SUBRAMANIAM, J.
Under assail is the Writ order dated 26.02.2024 passed in W.P.No.32
of 2024.
2. The appellant, who is the senior citizen and mother of the 3rd
respondent, filed a complaint before the Revenue Divisional Officer/Senior
Citizens Tribunal, Dharmapuri, stating that she had executed a settlement
deed in favour of her son/3rd respondent due to love and affection and for the
better future of the 3rd respondent. The senior citizen in her complaint has
stated that at the time of executing the settlement, the 3rd respondent
promised that he will take care of the appellant/senior citizen and his
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brothers and sisters. Trusting the 3rd respondent, the senior citizen executed
the settlement deed. After execution of the settlement deed, the senior citizen
was driven out from her house, and presently she is residing in her second
daughter's house. She is suffering to lead her livelihood and meet her
medical expenditure. The 3rd respondent being the eldest son, the senior
citizen trusted him to take care of her till her lifetime.
3. The 3rd respondent in his reply has stated that the property was
purchased by his father in the name of his mother/appellant. He also claimed
that he had earned money at a young age and contributed to the purchase of
the property. The appellant has now filed a complaint allegedly at the
instance of her daughters and has lodged a police complaint in the
Krishnapuram Police Station, stating that the 3rd respondent had threatened
and physically tortured her. However, the said statement is incorrect. The 3rd
respondent has further stated that he is ready and willing to maintain the
appellant in the event of joining with his family.
4. The Tribunal directed the Tahsildar to conduct an enquiry and
submit a report. The Tahsildar recorded the statements of the complainant
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and the opposite party, verified the documents, and submitted a report to the
Revenue Divisional Officer. The Revenue Divisional Officer passed a final
order in Proceeding No. Ni.Mu.461/2023/A1, dated 12.05.2023, rejecting the
complaint. The complaint was mainly rejected on the grounds that the
appellant, during the relevant time, was aged about 57 years and not a senior
citizen. Secondly, there was no specific condition in the settlement deed that
the 3rd respondent should maintain the senior citizen. On these grounds, the
complaint was rejected.
5. The senior citizen preferred an appeal before the District
Collector, who in-turn passed an order in Proceeding
Se.Mu.Na.No.997/A1/2022, dated 12.09.2023, confirming the order of the
Revenue Divisional Officer. Thus, the appellant preferred a Writ Petition.
6. The Writ Court also arrived a conclusion that a specific
condition in compliance with Section 23 of the Senior Citizens Act is
required for the purpose of annulling the settlement deed. In the absence of
any specific condition in the settlement deed, the senior citizen is not entitled
for any relief. The Writ Court also relied on the same grounds in the orders
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passed by the Revenue Divisional Officer and the District Collector.
However, the Writ Court stated that the senior citizen can seek remedy under
the Common Law including Section 31 of the Specific Relief Act, 1963. The
3rd respondent voluntarily stated that he will pay a sum of Rs.5,000/- to the
senior citizen for maintenance.
7. Challenging the Writ order, the present Writ Appeal has been
instituted.
8. In the present case, the complaint filed by the senior citizen
reveals that she was physically and mentally harassed by the 3rd respondent.
She was driven out from her house. She has executed settlement deed out of
love and affection and for the better future of the 3rd respondent. The terms
'love and affection' and 'the better future of the 3rd respondent' have been
expressly stated in the settlement deed by the senior citizen. Under these
circumstances, the question arises whether a specific condition in the
settlement deed stating that the son will maintain his mother is required or
not, or whether it suffices if such a condition is impliedly traceable.
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9. In all such cases, 'love and affection' is a consideration for
settlement of property. The conduct of the beneficiary after execution of the
settlement deed is to be viewed in the context of the objectives of the Senior
Citizens Act. In the present case, after executing the settlement deed, the
appellant/senior citizen was driven out from her house and harassed by the
3rd respondent. She is residing in her second daughter's house. The Revenue
Divisional Officer and the District Collector had not considered the
allegations of physical and mental harassment caused to the senior citizen.
The Writ Court also concluded by stating that, an express condition in the
settlement deed is required to comply with the provisions of Section 23(1) of
the Senior Citizens Act. In the absence of any express condition in the
settlement deed, the same cannot be declared as void under the Senior
Citizens Act.
10. This Court is of the considered opinion that an implied
condition would be sufficient in such circumstances, in order to reach the
objectives of the Senior Citizens Act. It is a special enactment for the
protection of the lives of the senior citizens and to protect their dignity. That
being the spirit of the Act, one cannot expect a senior citizen or a parent, as
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the case maybe, to expressly state that their son or daughter should maintain
them. As far as the age of the appellant during the relevant time as recorded
by the Revenue Divisional Officer is concerned, the Senior Citizen Act
contemplates either parent or senior citizen. Therefore, parents need not be
senior citizens, and they are still entitled to seek remedy under the Senior
Citizens Act. Consequently, the said grounds in the impugned orders are
untenable and violative of Section 2(d) of the Senior Citizens Act.
11. 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
District1 (W.A.No.3582 of 2024 dated 06.03.2025). Additionally, in another
judgment also, this Court has further deliberated on the legal principles in the
case of S.Rajan Vs. R.Srinivasan and Others2 (W.A.No.3178 of 2024 dated
01.04.2025). The legal principles considered are as under:
(A) Indian Constitution and Senior Citizens Act:
12. The essence of law is to serve and secure social solidarity,
1 2025 MHC 706
2 2025 MHC 849
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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.
13. 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.
14. 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
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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.
15. 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
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"
3. These observations were noted by the Chair, while submitting the report of the First Open Ended
Working Group on Aging.
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16. 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.
17. 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
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
4. A.I.R. 1981 746.
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constitute the bare minimum expression of the
human-self."
18. 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:
19. 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
reveals that ageing has become a major social
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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.”
20. 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
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for protection of their life and property, etc.
21. 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.
22. 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
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of people aligning congruently.
23. 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.’
24. 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.
25. 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
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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.
(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.’
26. The scope of ‘maintenance’ includes within its ambit food,
clothing, residence, medical attendance and treatment. The same shall be
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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.
27. 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
5. (2019) 2 SCC 636
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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.”
28. 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
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differ.
29. 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 parent or senior citizen is left
out of the umbrella of the welfare.
30. 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
6. 2015 SCC OnLine P&H 260
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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:
31. 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.
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32. 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.
33. 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 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.
7. Shabeen Martin v. Muriel, (2016) 4 KLJ 699
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34. 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 would be void.”
35. The plain language of Section 23 does not require the condition
8. 2013 SCC OnLine P&H 26819
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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.
36. 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.
37. 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
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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 .
38. 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.
39. 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
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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).
40. 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
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misrepresentation.
41. 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.
42. 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
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not include a minor.
43. 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.
44. 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
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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.”
45. As held by the Apex Court in the judgement in Shailesh
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.
46. 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-
10. (2016) 3 SCC 619
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up to the said commitment.
(D) Summary Procedure for Speedy Relief:
47. 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.
48. 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.
49. 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
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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.
50. 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.
51. 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.
52. Thus, Section 8 complements Section 23 by ensuring that the
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rights conferred under the Act are enforced without procedural hurdles.
53. 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
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
10. 2021 15 SCC 730
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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
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.”
11. MANU/SC/1581/2022
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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
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
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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
order qua the competency of the
Tribunal to hand over possession of the
property. In S. Vanitha (supra), this
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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
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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
12. MANU/TN/5114/2023
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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 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.
..................
..................
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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 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
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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 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,
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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,
“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
13. 2015 SCC OnLine Ker 33530
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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
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
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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 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
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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
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.”
14. 2020 SCC Online Ker 4080
15. MANU/TN/2011/2024
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54. In view of the above legal principles, this Court is of the
considered opinion that the Revenue Divisional Officer, District Collector
and the Writ Court have erroneously interpreted the provisions of the Senior
Citizens Act. In respect of the age limit of 60 years for senior citizen is
concerned, it is not applicable to the parents, who all are expressly covered
under the provisions of the Senior Citizens. Secondly, to comply with the
conditions stipulated under Section 23(1) of the Senior Citizens Act, it is
sufficient that the condition is implied. The condition to maintain the senior
citizen need not be expressly stated in the settlement deed. In the present
case, the appellant/senior citizen executed a settlement deed out of love and
affection and for the better future of the 3rd respondent, who is her son. When
such being the express term in the settlement deed, it is an implied condition
that the conduct of the 3rd respondent is to be weighed in the context of the
objectives of the Senior Citizens Act. Thus, the implied condition would be
sufficient to meet out the requirement under Section 23. The authorities and
the Writ Court have not considered the legal principles settled by the Hon'ble
Apex Court and this Court, in the context of protecting the life and dignity of
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senior citizens, which is the purpose of the special enactment.
55. Thus, the respondents 1 and 2 are directed to restore the
possession of the property and handover the same to the appellant/senior
citizen. All necessary entries in the encumbrance registers in the Sub
Registrar Office, where the settlement deed has been registered are also
directed to be carried out. The entire exercise is directed to be completed by
the respondents 1 and 2 within a period of four weeks from the date of
receipt of a copy of this order.
56. Accordingly, the order in W.P.No.32 of 2024 dated 26.02.2024
is set aside and the Writ Appeal stands allowed. No costs. Consequently, the
Miscellaneous Petitions, if any, are closed.
[S.M.S., J.] [K.R.S., J.]
28.04.2025
gd
Index : Yes / No
Speaking order / Non-speaking order
Neutral Citation : Yes / No
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To
1.The District Collector/
Appellate Tribunal,
Collectorate,
Dharmapuri District,
Dharmapuri.
2.The Sub Collector/
Sub Divisional Magistrate,
Dharmapuri,
Dharmapuri District
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S.M.SUBRAMANIAM, J.
and
K.RAJASEKAR, J.
gd
28.04.2025
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