2025:MHC:706W.A.No.3582 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2025

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

AND

THE HONOURABLE MR. JUSTICE K.RAJASEKAR

W.A.No.3582 of 2024

and

C.M.P.Nos.27835 & 27838 of 2024

S.Mala ... Appellant

Vs.

1.District Arbitrator &

District Collector,

Nagapatinam District,

Nagapatinam.

2.Sub Divisional Arbitrator &

Revenue Divisional Officer,

Nagapatinam District,

Nagapatinam.

S.Nagalakshmi (Deceased)

3.Mrs.Sivanila

4.Mrs.K.Indira

5.Mrs.Vimala

6.Mrs.Jayabarathi ... Respondents

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Prayer: Writ Appeal filed under Clause 15 of Letters Patent, pleased to set

aside the order passed by the learned Judge in W.P.No.6163 of 2021 dated

13.06.2024 made in the writ petition and allow the writ petition and the

above appeal.

For Appellant : Mr.K.Subramanian

For Mr.S.Punniyakotti

For R1 & R2 : Mrs.E.Ranganayaki

Additional Government Pleader

For R3 to R6 : No Appearance

J U D G M E N T

[Judgment was delivered by S.M.SUBRAMANIAM, J.]

Table of Contents:

S.No. TOPIC PAGE No.

I. Brief Facts of the Case 3

II.Arguments on Behalf of the Appellant 6

III.Arguments on Behalf of the Respondents 1 and 2 8

IV.Legal Position 9

(A)Legislative Intent of the Act 10

(B)Beneficial Construction and the Protection

of Senior Citizens Act, 2007

12

(C)Section 23(1) of the Senior Citizen Act, 2007 14

(D)Case Laws on Senior Citizens Act 17

V.Discussions 27

VI.Conclusion 29

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W.A.No.3582 of 2024

Under assail is the order dated 13.06.2024 passed in W.P.No.6163 of

2021.

2.This matter arises under the provisions of the Maintenance and

Welfare of Parents and Senior Citizens Act, 2007 [hereinafter referred to as

'Senior Citizens Act'].

I. Brief Facts of the Case:

3.The third respondent/Smt.S.Nagalakshmi (deceased), died

during the pendency of the writ petition was a senior citizen, who filed an

application under the Senior Citizens Act to cancel the Settlement Deed

executed by her in favour of her only son viz., Mr.S.Kesavan, who is also

deceased. The complaint filed by the third respondent / senior citizen was

taken on file, and an inquiry was conducted by the Revenue Divisional

Officer (RDO), Nagapattinam. The parties were examined and statements

were recorded.

4.Before the Revenue Divisional Officer (RDO), the senior citizen

has deposed that she was neglected by her only son and daughter-in-law.

During the relevant point of time, the senior citizen was aged about 87 years

and was suffering various ailments. Since daughter-in-law of the senior

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citizen failed to take care of the her, the senior citizen filed an application to

cancel the Settlement Deed executed in favour of her son.

5.The Revenue Divisional Officer recorded the statement of the

senior citizen and afforded an opportunity to the daughter-in-law of the

senior citizen. Though the daughter-in-law of the senior citizen sent letters

to the Revenue Divisional Officer and filed documents, she had not

appeared personally and given statement before the Revenue Divisional

Officer. However, the documents filed by the daughter-in-law were taken on

file and considered by the Revenue Divisional Officer while passing the final

orders in proceedings dated 25.01.2021.

6.The findings of the Revenue Divisional Officer (RDO) reveals

that the senior citizen, aged about 87 years, was neglected by her

daughter-in-law, more specifically after the death of her son. Therefore, she

deposed that she had settled the property hoping that she will be looked

after by her son and daughter-in-law till her life time.

7.In the context of the above facts, it is pertinent to consider the

Settlement Deed executed by the senior citizen and the oral evidence given

before the Revenue Divisional Officer. In the Settlement Deed, the senior

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citizen has stated that Mr.S.Kesavan is her only son and out of love and

affection, and for his better future, she had settled her property in the name

of her son, despite the fact that she has three daughters. The reason for

settlement has been clearly stated in the document. It reveals that from and

out of love and affection and in the interest of the future of her son, the

senior citizen settled her property. The said statement was reiterated by the

senior citizen before the Revenue Divisional Officer, who in turn recorded

the same.

8.The deposition of the senior citizen before the Revenue

Divisional Officer reveals that her son Mr.S.Kesavan and daughter-in-law

forced her to execute settlement and promised that they will take care of the

senior citizen till her lifetime. Based on trust, the senior citizen executed the

Settlement Deed in favour of her son. The document expressly states that

the settlement was executed out of love and affection and for the future of

her son.

9. Thus, an inference is to be drawn that the senior citizen settled her

property in favour of her son with a fond hope that her son and daughter-in-

law will take care of her during her old age and till her life time.

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II. Arguments on Behalf of the Appellant:

10.Mr.K.Subramanian, the learned Senior Counsel appearing on

behalf of the appellant/petitioner would submit that the learned Single Judge

has not considered the merits. The senior citizen has not incorporated any

specific condition in the Settlement Deed, which is mandated under Section

23(1) of the Senior Citizens Act. When the provision expressly stipulates

that the condition to maintain is to be mentioned in the Settlement Deed or

Gift Deed, and it is to be strictly followed. In the absence of any such

condition, the cancellation of Settlement or Gift Deed by the Revenue

Divisional Officer is in violation of Section 23 (1) of the Senior Citizens Act.

11. In support of the said contention, the learned Senior Counsel

relied on the following Judgments:

(i)In the case of Thottiyammal Vs. The Revenue

Divisional Officer and Ors., in W.P.(MD) No.19903 of 2019

dated 27.09.2019.

(ii) In the case of Subhashini Vs. District

Collector and Ors., reported in 2020 SCC Online Ker

4080.

(iii)In the case of Shrisht Dhawan Vs. Shaw

Brothers reported in (1992) 1 SCC 534.

(iv)In the case of Fatma Bibi Ahmed Patel Vs.

State of Gujarat reported in (2008) 6 SCC 789.

(v)In the case of Ramesh Chandra Sankla

Vs.Vikram Cement and Ors., reported in (2008) 14 SCC

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58.

(vi)In the case of Sudesh Chhikara Vs.Ramti

Devi and Another reported in 2022 SCC Online SC 1684.

(vii)In the case of Urmila Dixit Vs. Sunil Sharan

Dixit and others., reported in 2025 SCC Online SC 2.

(viii)In the case of K.Rasheeda Begum Vs. The

District Collector and Others in W.P.No.35700 of 2023

dated 26.02.2024.

(ix)In the case of R.G.Somashekar and another

Vs.Asst. Commissioner and 4 ors., in W.P.No.46129 of

2019 dated 08.09.2023.

(x)In the case of Manish Trivedi Vs. State of

Rajasthan reported in (2014) 14 SCC 420.

(xi)In the case of State of Maharashtra Vs. Laljit

Rajshi Shah and Ors., reported in (2000) 2 SCC 699.

(xii)In the case of Pushpavalli Vs. Revenue

Divisional Officer and Ors., reported in (2023) SCC Online

Mad 7496.

(xiii)In the case of Sankarappan Vs. Appellate

Authority reported in 2023 SCC Online Mad 8097.

(xiv)In the case of R.Sekkappan Vs. Kannappan

reported in 2023 SCC Online Mad 8096.

(xv)In the case of Periyasamy Vs. Revenue

Divisional Officer and Others reported in 2024 SCC

Online Mad 8154.

(xvi)In the case of Sengoda Gounder Vs. District

Collector reported in 2024 SCC Online Mad 5854.

(xvii)In the case of Muthu Manoharan Vs. J.

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Jayalalitha and 8 Ors., reported in 1991 (2) LW 143.

(xviii)In the case of R.Sekkappan Vs. S.Kannappan

in W.A.(MD) No.809 of 2023 dated 12.06.2023 before the

Madurai Bench of the Madras High Court.

(xix)In the case of Sri.Nanjappa Vs. State of

Karnataka, in W.A.No.573 of 2023 (GM-RES) dated

17.03.2023 before the High Court of Karnataka.

(xx)In the case of Jawaharlal Sazawal and ors vs.

State of Jammu and Kashmir and Ors., reported in (2002)

3 SCC 219.

(xxi)In the case of State of Tripura Vs. Tripura Bar

Association and Ors., reported in (1998) 5 SCC 637.

(xxii) In the case of Mahadeolal Kanodia Vs.

Administrator - General of West Bengal reported in 1960

SC Online SC 47.

III. Arguments on Behalf of the Respondents 1 and 2:

12.Mrs.E.Ranganayaki, the learned Additional Government

Pleader appearing on behalf of the Official respondents would oppose the

contention by stating that the depositions and the evidences available on

record were considered by the Revenue Divisional Officer and order was

passed cancelling the Settlement Deed executed by the senior citizen in

favour of her son. The allegation that the senior citizen was neglected by

her son was proved before the Revenue Divisional Officer. Therefore, there

is no infirmity.

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13.With reference to the condition under Section 23(1) of the

Senior Citizens Act, in the Settlement Deed itself the senior citizen has

expressly mentioned that she executed the Settlement Deed out of love and

affection and for the future of her son. In this context, the senior citizen had

given a statement before the Revenue Divisional Officer that she was

neglected by her daughter-in-law, more specifically after the death of her

son.

14.That being so, the condition stipulated under Section 23 (1) of

the Act is complied with, and thus, the order passed by the Revenue

Divisional Officer is to be sustained.

IV. Legal Position:

15.The Maintenance and Welfare of Parents and Senior Citizens

Act, 2007 (MWPSC Act, 2007) plays a crucial role in promoting the well-

being and dignity of senior citizens in India. It provides a legal framework for

ensuring financial security, health care access, and property protection for

the elderly. By holding children and relatives accountable for the

maintenance of their elderly family members, the act discourages neglect,

abandonment, and abuse of senior citizens.

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16. The Constitution of India also recognizes the need for State

intervention in taking measures to create suitable framework for the

protection of elderly persons. As per the Article 41 under Directive

Principles of State Policy: “the State shall, within the limits of its economic

capacity and development, make effective provision for securing right to

work, to education and to public assistance in case of unemployment, old

age, sickness and disablement, and in other cases of undeserved want.”

17. The Senior Citizens Act, 2007 is based on the vision of Article 41

of the Constitution. It was enacted by the Parliament to protect the rights

and interests of senior citizens and enable them to lead a life with dignity

and respect. It further aims to provide a comprehensive framework for

ensuring the well-being of senior citizens in India.

(A) Legislative Intent of the Act:

18. The parliament enacted the Senior Citizens Act to uphold the

dignity and respect of a senior citizen at the time of old age. State had

serious concern about the challenges faced by the people in their old age.

Apart from physical vulnerabilities, they face emotional and psychological

challenges. On account of these frailties, they are totally dependent. The

moral laws formulated through the legislation is necessary to rationalise the

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well being of all in the society. The moral values that prevailed in the society

in the past have been accepted as universal values. The State in its

wisdom, considering the acceptance of these values, seeks to promote the

common good through the Senior Citizens Act. These values carried duties

and obligations.

19. Section 23 of the Senior Citizens Act, 2007 gives right to senior

citizens to approach the Tribunal to declare any transfer of property, by way

of gift or otherwise, after the commencement of the above Act, as void, in

certain circumstances.

20. It stipulates that such transfer must be with the condition that;

(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.

21. Therefore, a deed can be declared as void on fulfilling the two

conditions enumerated as above, declaring transfer as a fraud or coercion

or under undue influence, as the case may be at the option of the transferor.

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(B) Beneficial Construction and the Protection of Senior Citizens Act,

2007:

22. Justice Krishna Iyer, advised: “Recall the face of the poorest and

the weakest man whom you may have seen, and ask yourself, if the step

you contemplate is going to be of any use to him”.

23. The preamble of the Maintenance and Welfare of Parents and

Senior Citizens Act, 2007 underscores the need for effective provisions

to secure the maintenance and welfare of parents and senior citizens,

as guaranteed under the Constitution. Being a beneficial piece of

legislation, it is necessary to interpret it liberally to ensure that the intent

of the legislation is fulfilled and the rights and dignity of senior citizens

are effectively protected.

24. Section 23 is ordained to protect senior citizens and ensure their

welfare, and must receive a liberal and beneficial reading. When two or

more views are possible, then it is duty of the Court to interpret a provision,

especially a beneficial legislation, liberally so as to give it wide meaning

rather than a restrictive meaning.

25. The duty of the judge is to interpret a statute in a way that

suppresses the mischief it seeks to prevent and promote the intended

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remedy. If the usual meaning of the language does not fully capture the

legislature's objective, a broader interpretation may be applied, provided the

words can reasonably support such a meaning.

26. The Delhi High Court in Prafulla Samantra vs. Ministry of

Environment & Forests

1

held that ‘A well-established rule of interpretation

is that a beneficial statute be given a purposive construction, to further

legislative intention, if literal interpretation thwarts’.

27. In the case of Hindustan Level Ltd vs. Ashok Vishnu Kate

2

, the

court held that during interpreting social welfare legislation, a construction

should be placed on the relevant provisions which furthers the purpose for

which such legislation was enacted.

28. In Urmila Dixit vs. Sunil Sharan Dixit and Others

3

, the

Supreme Court clarified that Section 23 of Senior Citizens is not a

standalone provision, as Section 23 cannot be read in isolation as it directly

reflects the statutory purpose of safeguarding senior citizens, thus

demanding a purposive approach. The Court held, if a gift deed does not

explicitly mention maintenance, it should be interpreted pragmatically to

1159 (2009) DLT 604

2(1995) SCC 1385

3 2025 SCC Online SC 2

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prevent neglect of the elderly.

29. As the remedial nature of legislation expands, the importance of

beneficial construction continues to grow. However, the primary duty of the

Court is to safeguard the legislative intent while ensuring that the law serves

its intended purpose. While liberal interpretation is essential to uphold the

protective framework of welfare statutes, the Court must also maintain the

separation of powers and refrain from rewriting or legislating the law beyond

what the legislature intended. A balanced approach must be adopted that

advances the remedy without distorting the statutory framework, ensuring

that senior citizens receive the protection and dignity that the law envisions

for them.

(C) Section 23(1) of the Senior Citizens Act, 2007:

30. Section 23(1) of the Maintenance and Welfare of Parents and

Senior Citizens Act, 2007 is designed to protect senior citizens in situations,

where they transfer their property, either through a gift or settlement, with

the expectation that the transferee will provide for their basic amenities and

physical needs. If the transferee fails to meet these obligations, the senior

citizen has the option to seek a declaration from the Tribunal to void the

transfer.

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31. The phrase “subject to the condition that the transferee shall

provide the basic amenities” in the statute is not meant to imply that

such a condition must be explicitly stated in the Gift or Settlement

Deed. The interpretation of this provision is broader. It should be

understood in the context of the second part of the provision, which states

that the transfer may be deemed to have been made under fraud, coercion,

or undue influence, if the transferee fails to provide the agreed-upon

care. The condition to provide for the senior citizen’s maintenance is

implied, based on the relationship between the senior citizen and the

transferee, typically one of familial love and affection.

32. In other words, the Act acknowledges that property transfers from

senior citizens, especially to children or close relatives, are often motivated

by love and affection. The senior citizen's decision to transfer property is not

merely a legal act but one made with the hope of being cared for in their old

age. This love and affection become an implied condition in the

transaction, even if the transfer document itself does not explicitly state it. If

the transferee does not provide the promised care, the senior citizen can

invoke Section 23(1) to have the transfer annulled.

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33. The law does not require an express condition in the document

for maintenance. Instead, it recognizes that love and affection serve as

the consideration for the transfer and that this implicit condition is

enough to invoke the provision in case of neglect. The Tribunal, in such

instances, is empowered to declare the deed null and void, based on the

violation of this implied condition.

34. The Act's overarching goal is to safeguard the security and

dignity of senior citizens. In cases where familial conduct fails to live up to

expectations, and the senior citizen’s welfare is not protected, Section 23(1)

ensures that the senior citizen can seek legal relief.

35. Thus, Section 23(1) emphasizes the protection of senior

citizens from exploitation or neglect after they have transferred

property in trust, often based on love and affection. The law provides an

important safeguard, recognizing that these transfers are typically made

with an implicit understanding that the senior citizen will be cared for in their

old age. If the transferee fails in this duty, the transfer can be annulled,

ensuring that the senior citizen's dignity and security are upheld.

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(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

4

, 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 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

5

in

paragraph No.13, the Hon'ble Supreme Court made an observation as

under;

4 2021 15 SCC 730

5 MANU/SC/1581/2022

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“........

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.”

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

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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 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.

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In S. Vanitha (supra), this Court observed that

Tribunals under the Act may order eviction if it is

necessary and expedient to ensure the protection

of the senior citizen. Therefore, it cannot be said

that the Tribunals constituted under the Act, while

exercising jurisdiction under Section 23, cannot

order possession to be transferred. This would

defeat the purpose and object of the Act, which is

to provide speedy, simple and inexpensive

remedies for the elderly.

25. Another observation of the High Court

that must be clarified, is Section 23 being a

standalone provision of the Act. In our considered

view, the relief available to senior citizens under

Section 23 is intrinsically linked with the statement

of objects and reasons of the Act, that elderly

citizens of our country, in some cases, are not

being looked after. It is directly in furtherance of

the objectives of the Act and empowers senior

citizens to secure their rights promptly when they

transfer 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

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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 Others

6

, 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 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

6 MANU/TN/5114/2023

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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 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”

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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 senior citizen and

any violation would be sufficient for the purpose of

invoking Section 23(1) of the Act, to cancel the Gift

or Settlement Deed executed by the senior citizen.

.....................

....................

41. The entire purpose and object of the

Senior Citizens Act, is to consider the human

conduct towards them. When the human conduct

is indifferent towards senior citizen and their

security and dignity are not protected, then the

provisions of the Act, is to be pressed into service

to safeguard the security and dignity of senior

citizen. Therefore, the purposive interpretation of

the provisions are of paramount importance and

Section 23 of the Act, cannot be mis-utilised for

the purpose of rejecting the complaint filed by the

senior citizen on the ground that there is no

express condition for maintaining the senior

citizen. Even in the absence of any express

condition in the document, “Love and Affection”

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W.A.No.3582 of 2024

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

7

,

the learned Single Judge of the Kerala High Court considered Section 122

of Transfer of Property Act, 1882. In paragraph No.11 of the judgment, it is

observed that, “Section 23 of the Senior Citizens Act, 2007 does not

contemplate that the condition should form part as recital in the deed of

transfer. It only refers that there should be a condition for such transfer.

This condition can be either express or implied. If there is no express

recital in the deed, the Tribunal has to look around circumstances to find out

whether conduct otherwise dispel the intention of donor to revoke. The

consideration for executing a gift deed or settlement deed is based on

human conduct, caring and conscientious. Transfer admittedly is 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

72015 SCC OnLine Ker 33530

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W.A.No.3582 of 2024

execution of the deed certainly must be enduring and without any barrier.” It

is further stated that,

“..........

11. It is to be noted that the special scheme

in terms of Senior Citizens Act, 2007 could declare

certain transfer as void, taking note of the fact that

by taking advantage of the emotionally dependent

senior citizens, relatives grab the property on the

pretext of providing emotional support. Therefore,

legislature thought such transaction could be

declared as void as the conduct leading to

transaction was based on malice or fraud.

Therefore, condition referred in Section 23 has to

be understood based on the conduct of the

transferee and not with reference to the specific

stipulation in the deed of transfer. Thus, this Court

is of the view that it is not necessary that there

should be a specific recital or stipulation as a

condition in the transfer 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.”

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W.A.No.3582 of 2024

43.In the case of Subhashini vs. District Collector and Others

8

,

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

Others

9

, 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.

8 2020 SCC Online Ker 4080

9 MANU/TN/2011/2024

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W.A.No.3582 of 2024

V. Discussions:

46.The facts established in the present case before the Revenue

Divisional Officer under the Senior Citizens Act reveal that the senior citizen,

during the relevant point of time was 87 years old and she was totally

neglected by her daughter-in-law. The settlement deed executed by the

senior citizen expressly indicates that out of love and affection, and taking

note of future interest of her son. The very expression under the Settlement

Deed could indicate that the senior citizen expected that she will be taken

care of by her son and her daughter-in-law till her life time. Such an

expression in the settlement deed would be sufficient to satisfy the condition

stipulated under Section 23(1) of the Senior Citizens Act. The judgments

analysed in the aforementioned paragraphs amplify the legislative intention

of the Parliament, indicating that an implied condition is sufficient, and

factual inferences can be drawn based on the nature of the Settlement or

Gift Deed executed. The circumstances under which the property was

transferred are also to be taken into consideration. Thus, the implied

condition would be sufficient for compliance with the condition stipulated

under Section 23(1) of the Senior Citizens Act, empowering the competent

authority to annul the Settlement or Gift Deed in such circumstances.

47.The legal position, as narrated in the aforementioned

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W.A.No.3582 of 2024

paragraphs, in the context of the principles laid down by the Hon'ble

Supreme Court of India and High Courts, makes it clear that the conditions

under Section 23(1) of the Senior Citizens Act need not be explicit, but

might be implied. The love and affection being the consideration, which can

be traced out in the Settlement Deed, would be sufficient to hold that such

love and affection is an implied condition that the senior citizen will be taken

care of by the beneficiary of the Settlement Deed or gift deed. In the event

of neglecting the senior citizen, the deed of settlement or gift is liable to be

annulled.

48. In the present case, the senior citizen, both in her complaint and

before the Revenue Divisional Officer, categorically deposed that she was

completely neglected by her son during his lifetime and by her daughter-in-

law. The senior citizen has three daughters, but she executed the

settlement deed in favour of her only son, denying equal property rights to

her daughters. Therefore, it would be a natural expectation that her son and

daughter-in-law would take care of her till her life time. Such a condition

being implied under Section 23(1) of the Senior Citizens Act, the decision of

the competent authority annulling the Settlement Deed is in consonance

with the spirit and objectives of the Senior Citizens Act.

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W.A.No.3582 of 2024

VI. Conclusion:

49. In view of the discussions made, this Court has arrived at an

irresistible conclusion that the appellant has not made out any acceptable

ground for the purpose of assailing the writ order impugned. Consequently,

the order dated 13.06.2024 passed in W.P.No.6163 of 2021 stands

confirmed and thus, the Writ Appeal is dismissed. Connected Miscellaneous

Petitions are closed. There shall be no order as to costs.

[S.M.S., J.] [K.R.S., J.]

06.03.2025

Index : Yes

Speaking order

Neutral Citation : Yes

veda/Jeni

To

1.The District Arbitrator &

District Collector,

Nagapatinam District,

Nagapatinam.

2.The Sub Divisional Arbitrator &

Revenue Divisional Officer,

Nagapatinam District,

Nagapatinam.

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W.A.No.3582 of 2024

S.M.SUBRAMANIAM, J.

and

K.RAJASEKAR, J.

veda/Jeni

W.A.No.3582 of 2024

06.03.2025

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