Senior Citizens : Transfer of property by way of gift reverted back as transferees fails to provide basic amenities

Bombay High Court Upholds Tribunal's Decision to Void Property Transfer by Senior Citizen. he Court emphasizes the protective provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

In a significant judgment delivered on October 3, 2025, the Bombay High Court upheld the decision of the Maintenance Tribunal, affirming the voiding of a property transfer executed by an elderly citizen under duress. The case, titled Raviprakash R. Sodhani v. Ram Swaroop Sodhani, underscores the protective provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, aiming to safeguard the rights and welfare of senior citizens.

The dispute arose when Raviprakash R. Sodhani, the petitioner, challenged the Tribunal's order that declared a gift deed void. The senior citizen, Ram Swaroop Sodhani, alleged that he was coerced into transferring property to his son, Raviprakash, and grandson, Respondent No.5, under stressful circumstances, including a diagnosis of throat cancer. The Tribunal had determined that the transfer was implicitly subject to the condition of the transferee providing basic amenities and necessities, which were neglected post-transfer.

The judgment highlights the tribunal's authority under Section 23(1) of the Act to void transfers if the transferee fails to fulfill their obligations to the senior citizen. Despite the absence of explicit conditions in the deed, the court recognized the implicit expectation of care and support, especially in the twilight years of the senior citizen's life.

Justice N.J. Jamadar emphasized that the Act is a beneficial legislation designed to protect the rights of senior citizens, ensuring their maintenance and dignity. The court noted that the circumstances surrounding the transfer, including the senior citizen's vulnerable state during hospitalization, warranted the conclusion that the transfer was influenced by undue pressure.

The petitioners argued the lack of explicit conditions in the deed and contested the tribunal's findings, citing procedural lapses and the absence of compelling evidence. However, the court dismissed these arguments, underscoring the need for a holistic view of the relationship dynamics and the senior citizen's circumstances.

The judgment reaffirms the interpretative approach required under the Act, prioritizing the welfare of senior citizens. It serves as a precedent for similar cases where implicit expectations of care are not met, allowing tribunals to intervene to protect the interests of the elderly.

The court granted the petitioners three weeks to remove their belongings from the disputed property, reiterating the tribunal's role in ensuring the rights and welfare of senior citizens are upheld.

Bottom Line:

Senior Citizens - Transfer of property by way of gift - Tribunal can declare such transfer void under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, if transferees fail to provide basic amenities and physical needs of the senior citizen.

Statutory provision(s): Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23(1).

Raviprakash R. Sodhani v. Ram Swaroop Sodhani, (Bombay) : Law Finder Doc Id # 2787914