The Karnataka HC declared that execution of released deed for consideration can’t be invoked by the transferor (guardian) under section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, (MWPSC) 2007.
In this case a respondent being the owner of the property executed a released deed in the favor of petitioners subjected to the payment of Rs. 8,30,300 to herself and Rs. 1,70,000 to her sister. Further the respondent filed a case before ‘the Assistant Commissioner, Maintenance and Welfare of Parents and Senior Citizens’, the officer in charge issue order in favor of respondent under Section 23 of MWPSC Act, 2007. Then the petitioner appealed the impugned order before the HC.
Section 23 of MWPSC Act, 2007 read as:
“Transfer of property to be void in circumstances.-
(1) Where any senior citizen who 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 and shall at the option of the transferor be declared void by the Tribunal.
(2) Where any senior citizen has a right to receive maintenance out of an estate and such estate or part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of right.”
The court held that according to fact property was not a gift and so the transferee is not entitled to maintain her under section 23 and therefore in the case “his denial for maintenance not make him liable to return the property as property transferred in lieu of consideration.”
By – Team SLC