URMILA DIXIT vs SUNIL SHARAN DIXIT
C.A. No. 10927/2024
02-01-2025
Justice Sanjay Karol and Justice Chudalayil T. Ravikumar
“Right of a senior citizen to claim back their transferred property under Section 23 of the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007”
The case of Urmila Dixit vs. Sunil Sharan Dixit, decided on January 2, 2025, by the Supreme Court of India, centres on the rights of senior citizens to reclaim property transferred under the expectation of care, as outlined in Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Brief Facts
In 2019, Mrs. Urmila Dixit, a senior citizen, executed a gift deed transferring her immovable property to her son, Mr. Sunil Sharan Dixit. This transfer was made with the implicit understanding that her son would provide for her basic needs and welfare. However, following the transfer, Mrs Dixit alleged that her son neglected her, failing to provide the necessary care and maintenance. Feeling aggrieved, she sought to annul the gift deed under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which allows for such revocation when the transferee fails to fulfil their obligations towards the senior citizen.
Final Judgment
The Supreme Court examined the provisions of Section 23(1) of the Act, which states that any transfer of property by a senior citizen, subject to the condition that the transferee provides basic amenities and physical needs, can be declared void if such obligations are not met. The Court noted that the absence of an explicit maintenance clause in the gift deed does not preclude the applicability of Section 23. The implicit expectation of care inherent in the parent-child relationship suffices to invoke this provision. Consequently, the Court ruled in favour of Mrs. Dixit, declaring the gift deed void and restoring the property to her.
This judgment underscores the judiciary’s commitment to protecting the rights and welfare of senior citizens, ensuring that property transfers conditioned upon care are honoured, and providing legal recourse when they are not.