Section 23
Transfer of property to be void in certain circumstances.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
About this Act
An Act to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognised under the Constitution and for matters connected therewith or incidental thereto.
(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 the 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.
(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.
(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.