Published on : 27 Sep 2025, 10:07 am 2 min read

The Delhi High Court recently held that “love and affection” is an implied condition in the gift deeds by senior citizens to their family members [Smt Varinder Kaur v Smt Daljit Kaur & Ors] .

Hence, not providing maintenance to the senior citizen after the gift deed was executed would mean that the property was transferred through fraud or coercion and it can be declared void, a Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela ruled.

Thus, for attracting the provisions of Section 23(1) of the Senior Citizens Act (allowing reclaim the property if proper care is not provided), the deed in question need not expressly contain a condition that the transferee shall provide the basic amenities and basi

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