38.6c New Delhi, India, Wednesday, October 22, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Protection of Senior Citizens must be ensured within Property Settlement Deeds : Madras High Court

By Namya Bose      24 February, 2021 09:11 PM      0 Comments
Protection of Senior Citizens must be ensured within Property Settlement Deeds : Madras High Court

The Madras High Court recently ruled that a clause containing the protection of senior citizens in a property deed must be incorporated mentioning the transferee will provide basic/physical needs to their parents under section 23 of Maintenance and Welfare of Parents and Senior Citizens Act 2007

The Court made the said judgement after taking into account the growing number of senior citizens being thrown out after the settlement and sale of the properties. 

The officials of the registration department were ordered by the HC to make sure that the conditions laid in Section 23 of the Act must be met and added to the deeds correctly. The court added that Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 clearly laid down that the transferor when a senior citizen, the deed of sale or gift of that property should contain a clause that the transferee must provide the transferor with basic amenities. The failure to perform this on part of the transferee, the Court ruled, will be considered transfer of property deemed to be made by Fraud,Coercion or undue influence.

It was observed by Justice S. Vaidyanathan of the Madras Bench that under section 24 of the same Act, for persons who did not fulfill their responsibility of caring for the senior citizen and rather left them out on the streets should be imprisoned, this rule must be made mandatory. The imposition of a fine was not seen as a primary punishment according to Justice S. Vaidyanathan, but merely a secondary one. 

The order was passed by the bench after various petitions were filed for cancellation of property deeds with the same issue of unfair treatment or non-protection of the senior citizens.

Even though the discretion is given to the Magistrates to try the offence and impose punishment, unless the sword of Damocles is hanging on the youngsters, there will be lots of old age homes mushrooming., added Justice S. Vaidyanathan.

The Court directed the registrar of the Court to place the matter before the Chief Justice for it to be looked over by a larger bench.



Share this article:



Leave a feedback about this
TRENDING NEWS


TOP STORIES

sc-dissuades-immediate-action-against-shoe-throwing-lawyer
Trending Judiciary
SC dissuades immediate action against shoe throwing lawyer

SC discourages action against lawyer who tried to hurl shoe at CJI, saying it may trigger another social media episode and divert focus from vital cases.

16 October, 2025 12:26 PM
adrs-approach-communal-ec-tells-sc-on-claim-of-muslims-exclusion-in-bihar-sir
Trending Judiciary
ADR's approach communal, EC tells SC on claim of Muslims' exclusion in Bihar SIR

EC tells SC that ADR’s claim of Muslim exclusion in Bihar voter rolls reflects a “communal approach,” dismissing it as false and politically motivated.

16 October, 2025 06:29 PM
father-of-deceased-pilot-in-ahmedabad-crash-moves-sc-for-court-monitored-probe
Trending Judiciary
Father of deceased pilot in Ahmedabad crash moves SC for court monitored probe

91-year-old father of pilot killed in Ahmedabad Air India crash moves SC seeking court-monitored probe into alleged biased and flawed investigation.

17 October, 2025 10:54 AM
child-cant-consent-to-sex-life-imprisonment-upheld-for-sexual-assault-on-minor-girl-madras-hc
Trending Judiciary
Child Can’t Consent to Sex — Life Imprisonment Upheld for Sexual Assault on Minor Girl: Madras HC [Read Judgment]

Madras HC upholds life imprisonment for assault on minor SC girl, reiterating that a child cannot consent to sex; school records key for age proof.

17 October, 2025 11:45 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email