Only senior who transferred property can seek to void the transfer

Only senior who transferred property can seek to void the transfer

In this case, the petitioner’s father had executed an absolute settlement deed in 1997, transferring property to the petitioner without any conditions and with a clause barring cancellation. After his death, the petitioner's mother sought cancellation of the deed under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, alleging neglect and lack of love and affection from the petitioner. The Sub-Collector cancelled the deed, which the petitioner challenged in court. The High Court ruled that Section 23(1) applies only when three cumulative conditions are met: (1) the transferor is a senior citizen; (2) the transfer is subject to an express condition for providing basic amenities and physical needs; and (3) the transferee fails to fulfill those obligations. The Court held that an express condition in the deed is mandatory and cannot be implied. "Love and affection" is not a legally enforceable condition. Moreover, only the original transferor can file an application under Section 23(1). Since the mother was not the transferor, her application was invalid, and the deed cancellation was quashed.