Legal Reference Library

The Kerala High Court in Mavila Sathi vs. State of Kerala and Ors has held that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (the ‘Act’), cannot be allowed to be used as a tool in property disputes. Petitioner Mavila Sathi had filed the writ petition against the direction issued by the Maintenance Tribunal, according to which she had to reconvey 10 cents of property given to her by her mother Devaki Amma after having assigned 23 cents previously, along with the direction of paying a monthly maintenance of Rs 500 per month. However, Mavila’s brother Govindan took away their mother to stay with him, as she had allegedly ousted her from her house and had refused to look after her. Mavila was assigned 23 cents of property retaining Devaki’s right to take the benefits and right of residence in the tharawad building situated in the property, according to her brother’s contentions. Govindan alleged that though the petitioner was assigned 41 cents of property on conditi...

A division bench of the Kerala High Court has held that a gift deed made by a senior citizen can be revoked for not providing the basic amenities even if there is no specific clause in the transfer deed to provide for the senior citizen’s welfare. The bench comprising Justice Mohan M. Shantanagoudar and Justice Antony Dominic was hearing a writ appeal wherein according to the petitioner, in the absence of a specific reservation made in the settlement deed, providing for the conditions subject to which the transfer was made, an application invoking the power under Section 23 was not maintainable. Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, provides as follows – Transfer of property to be void in certain circumstances.- (1) Where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs...