(1) Where any senior citizen who, after the commencement of this 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 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 a transferee for consideration and without notice of right.
(3) If, any senior citizen is incapable of enforcing the rights under sub-sections (1) and (2), action may be taken on his behalf by any of the organisation referred to in Explanation to sub-section (1) of section 5.
Legal Commentary & Landmark Judgments: Section 23
Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 empowers Tribunals to declare transfers of property by senior citizens void in cases of neglect.
This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.
Section 23 is an extraordinary statutory weapon against filial ingratitude. Following the Supreme Court's ruling in Sudesh Chhikara, legal draftsmen advising senior citizens when executing gift deeds to children must ensure that a clear, unequivocal clause is inserted stating that the transfer is conditional upon the transferee providing basic amenities, medical care, and physical needs, thereby preserving the parents' right to revoke the deed under Section 23 if neglected.