Transfer of property to children is revocable: Punjab and Haryana High Court

Section 23 of the maintenance Act provides that a transfer “shall be deemed to have been made by fraud or coercion or under undue influence” when the transferee refuses or fails to provide the basic amenities and physical needs to the tranferor.

Written by Sofi Ahsan | Chandigarh | Updated: May 5, 2018 12:29:33 pm
Punjab and Haryana High Court. (File) Punjab and Haryana High Court. (File)

Holding that transfer of property to children is revocable, the Punjab and Haryana High Court has said that it is not necessary for the senior citizen to put a condition for it in the transfer deed in case their basic amenities and physical needs are not met.

“Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is applicable even if the conditions stipulated therein… that the transferee shall provide the basic amenities and basic physical needs to the transferor is stipulated only orally and is not in writing or is not a part of the document of transfer,” the judgement passed by Chief Justice (retired) S J Vazifdar and Justice Avneesh Jhingan on Thursday read.

Section 23 of the maintenance Act provides that a transfer “shall be deemed to have been made by fraud or coercion or under undue influence” when the transferee refuses or fails to provide the basic amenities and physical needs to the tranferor. The senior citizen under such conditions can seek cancellation of the transfer before a tribunal.

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