Chandigarh's Maintenance Tribunal to cancel property transfer if children fail to take care of parents

Chandigarh's Maintenance Tribunal to cancel property transfer if children fail to take care of parents

Dushyant Singh Pundir

Tribune News Service

Chandigarh, July 30

Parents who transfer property in the name of their children need not fear indifference of their children, courtesy the Maintenance Tribunal, Chandigarh.

Under Sector 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the tribunal is empowered to declare the transfer of property by parents to their children null and void if the latter fail to take care of their parents.

The tribunal has made it mandatory that a property transfer deed from parents to children must contain an undertaking from the children that they would take care of basic amenities and physical needs of their parents.

It observed that children, relative and person in good faith got instruments registered in their names from senior citizens or their parents with the verbal promise that they (transferee) shall provide basic amenities and basic physical needs to the transferor (parents). But after getting property transferred in their name, they refused to follow up on their verbal promise.

The tribunal, headed by Additional Deputy Commissioner KPS Mahi, states: “As per section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007, the Tribunal is empowered with the power to declare such instrument of transfer or gift or otherwise as null and void wherein the condition is violated.”

In good faith under the influence of the transferee and due to a lack of knowledge about the above provision, the transferor executes the instrument without quoting the condition in the transfer instrument, stated the tribunal.

The tribunal has directed the sub-registrar that at the time of registration of the instrument to transfer/gift deed, he must inform the transferor about the above provision of the Act. He must himself ensure that the transferee has got the condition in the deed.

The sub-registrar will also have to get a fixed notice in his office for awareness of the general public and also create awareness among document writers and advocates dealing in such property transfers.

An official said after getting a statement in writing from children, it would help the authorities in taking action against the violators. 

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