Supreme Court orders reinstatement of property to elderly mother, upholds wide powers of maintenance tribunals under Senior Citizens Act [Read Judgment]

New Delhi: The Supreme Court’s Division Bench has delivered a significant judgment upholding senior citizens’ rights while interpreting the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

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Justices C.T. Ravikumar and Sanjay Karol addressed an appeal challenging the Madhya Pradesh High Court’s order that had restricted tribunals’ powers under Section 23 of the Act.

Supreme Court Rules in Favor of Elderly Rights: Gift Deed Revoked for Breach of Care Obligation

The case stemmed from a property dispute where a mother had executed a gift deed in favor of her son in 2019, conditional upon his taking care of her. When he failed to fulfill this obligation, she sought to void the transfer under the Act.

The court noted, “The Act is a beneficial piece of legislation, aimed at securing the rights of senior citizens, in view of the challenges faced by them. It is in this backdrop that the Act must be interpreted and a construction that advances the remedies of the Act must be adopted.”

Maintenance and Welfare of Parents Act: Tribunal Powers to Protect Senior Citizens Upheld

Addressing the High Court’s restrictive interpretation, the court observed, “We are unable to agree with the view taken by the Division Bench, because it takes a strict view of a beneficial legislation.”

The Division Bench set aside the High Court’s judgment and ordered restoration of property possession to the mother by February 28, 2025. The court stated, “The relief available to senior citizens under Section 23 is intrinsically linked with the statement of objects and reasons of the Act, that elderly citizens of our country, in some cases, are not being looked after.”

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The court emphasized that tribunals under the Act can order eviction if necessary for protecting senior citizens, clarifying that this power is essential to provide speedy and effective remedies to the elderly.

For the appellant: Ms. V. Mohana, Senior Advocate

For the respondents: Ms. Madhavi Divan, Senior Advocate

Case title: Urmila Dixit v. Sunil Sharan Dixit & Ors.

[Read Judgment]