New Delhi: In a landmark judgement, the Delhi High Court has held that property transferred by senior citizens to others through gift deeds can be taken back if the receivers do not take care of their needs, Bar and Bench has reported.
“Love and affection” are implied conditions in gift deeds by senior citizens to their family members. Hence, not providing maintenance to the senior citizen after the gift deed is 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 Upadhyay and Justice Tushar Rao Gedela ruled. ADVERTISEMENT
To attract the provisions of Section 23(1) of the Senior Citizens Act (allowing reclamation of the property if proper care is not provided), the deed in question need not e