Love implied in gift deeds by elderly, neglect renders them void: Delhi HC

The Delhi High Court has held that “love and affection” is an implied condition in gift deeds executed by senior citizens in favour of their family members and failure to provide maintenance thereafter would render the transfer void under the law.

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela ruled that for attracting the provisions of Section 23(1) of the Senior Citizens Act, the deed in question need not expressly contain a condition that the transferee shall provide the basic amenities and basic physical needs to the transferor, especially in the context of execution of a gift deed.

“Human conduct in the context of the Senior Citizens Act is to be understood considering the relationship between the senior citizen and the beneficiaries of the gift deed and if parents decide to settle the property in favour of a son or daughter, then they do so only with love and affection and with a fond hope that they shall be taken care of in their old age and therefore, love and affection being an the implied condition of execution of the gift deed, subsequent non-maintenance of the senior citizen would attract Section 23(1) of the Senior Citizens Act and the Tribunal in such circumstances is empowered to declare the document as void,” the Court held.

The observations were made while upholding the cancellation of a property gift deed executed by 88-year-old Daljit Kaur in favour of her daughter-in-law.

The dispute began when Daljit Kaur moved the Maintenance Tribunal under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. She stated that after she transferred her Janakpuri property to Varinder Kaur in 2015, she was neglected, denied medical care and even threatened.

While the Tribunal in 2019 refused to cancel the deed, it directed the local police to monitor her safety. On appeal, the District Magistrate overturned that decision in July 2023 and ordered cancellation of the gift deed.

Varinder Kaur challenged the ruling, arguing that Section 23 applies only where the gift deed explicitly states that the transferee will maintain the senior citizen. Since no such condition was written into the 2015 deed, she claimed the District Magistrate had no power to declare it as void.

The High Court rejected this interpretation, saying that the law must be read in light of its object and that senior citizens cannot be left destitute after parting with their property.

“Having perused the order passed by the learned judge which is based on appropriate consideration of all the relevant aspects of the matter including the material available on record, we find ourselves in complete agreement with the judgment and order under appeal herein,” the Bench said, dismissing the daughter-in-law’s appeal.