If parents do not get basic facilities, they can get the property registered in their name again: Supreme Court

Supreme court landmark judgement for transferring property.

The Supreme Court overturned the decision of the Madhya Pradesh High Court

I(caps)n a recent judgment with far-reaching implications, the Supreme Court held that if an elderly parent is denied basic amenities or maintenance, the elderly parent can get the property transferred in the name of their children or someone else transferred back to their name. In this regard, according to the Maintenance and Welfare of Parents and Senior Citizens Act 2007, if a person fails to provide basic amenities to his or her parents, the elderly parent can get the property transferred in the name of others transferred back to their name. As per Section 23 of the 2007 Act, the transfer of property by elderly parents under such circumstances is considered wrongful and improper this is rejected. The tribunal can order transfer of such property back in the name of aged parents. In the case of Urmila Dixit vs Sunil Sharan Dixit, the Supreme Court gave the above judgment.

The Supreme Court overturned the decision as the gift deed did not contain the condition: Senior citizens can get the property transferred back in their name if the person has provided basic amenities to them but fails to provide such amenities or fails to provide maintenance to the senior citizens. The Supreme Court overturned the Madhya Pradesh High Court's decision as there was no condition in the gift deed for payment of the transfer.

This remark was made in a property transfer dispute between Urmila Dixit and her son Sunil Sharan Dixit in 1968. Urmila was accused by her son of ill-treating and mistreating him by not taking care of his basic needs. Hence, an application was filed in the court to cancel the deed.

Case study:

Urmila Dixit v. Sunil Sharan Dixit and Others

Court: Supreme Court of India

Date: January 2, 2025.

Key Facts:

• The appellant, Urmila Dixit, is the mother of the respondent, Sunil Sharan Dixit.
• Urmila executed a gift deed on September 9, 2019, transferring property to Sunil under the condition that he would care for her and her husband for the rest of their lives. A promissory note was also signed to this effect.
• Urmila alleged that the respondent failed to fulfill his obligations, leading to emotional neglect and alleged abuse for further property transfers.

Procedural History:

1. The Sub-Divisional Magistrate nullified the gift deed under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, citing failure to fulfill the conditions.
2. The respondent's appeal to the Collector was dismissed.
3. A single judge of the Madhya Pradesh High Court upheld the lower orders, supporting the appellant.
4. A division bench of the High Court overturned the judgment, leading to the present appeal to the Supreme Court.

Issues:

1. Whether the gift deed can be nullified under Section 23 of the Act due to non-fulfillment of maintenance conditions.
2. Whether the Tribunal has the authority to order possession of the property.

Supreme Court Judgment:

(1) Interpretation of Section 23: The Supreme Court reaffirmed that under Section 23, a transfer of property can be deemed void if the transferee fails to provide agreed maintenance and care to the transferor.

(2) Beneficial Legislation: The Act is a welfare statute aimed at protecting senior citizens. Provisions must be interpreted liberally to fulfill its objectives.

(3) Tribunal's Powers: The Tribunal has the authority to order the restoration of possession to ensure senior citizens' protection and welfare.

Decision:

1. The Supreme Court quashed the High Court's division bench ruling and reinstated the earlier decisions nullifying the gift deed.
2. Directed the respondent to return possession of the property to the appellant by February 28, 2025.

Conclusion:

This judgment emphasizes the importance of safeguarding senior citizens' rights and provides clarity on the powers of Tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.