Bombay High Court Affirms Senior Citizen’s Rights: Gift Deed in Favour of Son and Grandson Declared Void for Neglect in Raviprakash R. Sodhani & Anr.

Headnote:

The Bombay High Court dismissed a writ petition filed by a son and daughter-in-law against their 88-year-old father, upholding orders of the Maintenance Tribunal and the Appellate Authority that had declared a gift deed void under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Court held that even if a gift deed does not expressly record the obligation to maintain a senior citizen, such a duty is implied in transfers within families. Since the petitioners had neglected the father’s needs after obtaining property, the Tribunal’s decision was valid and warranted no interference.

Background:

Respondent No.1, the father of Petitioner No.1, had established businesses and acquired several properties over time. In August 2022, while undergoing treatment for cancer, he was allegedly coerced into retiring from the partnership firm, M/s Universal Enterprises, and into executing a gift deed transferring his residential flat to his son and grandson. Following the transfer, he alleged that he was subjected to harassment and neglect, that Rs. 50 lakhs were withdrawn from his accounts, and that he was confined to a single room in his own house. Consequently, he filed a complaint under Sections 5 and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Maintenance Tribunal, by its order dated 6 May 2025, declared the gift deed void, and the Appellate Authority, on 14 August 2025, dismissed the appeal, affirming the findings of neglect. Aggrieved, the petitioners approached the High Court under Articles 226 and 227 of the Constitution of India.

Court’s Opinion:

The Court reiterated that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a beneficial piece of legislation aimed at safeguarding the rights of senior citizens to property and maintenance. It observed that under Section 23(1), even if a gift deed does not expressly impose a condition of care, the law presumes that transfers made by senior citizens carry an implicit expectation of support. In this case, the proximity of the execution of the deeds to the senior citizen’s hospitalization strongly suggested coercion. The petitioners, however, failed to rebut the detailed allegations of neglect and humiliation, as their reply consisted only of bare denials.

The Court further relied on authoritative precedents, including Sudesh Chhikara v. Ramti Devi, Urmila Dixit v. Sunil Sharan Dixit (Hon’ble Supreme Court), and Varinder Kaur v. Kaljit Kaur (Hon’ble Delhi High Court), which affirm that non-maintenance of senior citizens is sufficient ground to declare such transfers void. Concluding that there was no perversity or illegality in the findings of the Tribunal and the Appellate Authority, the High Court dismissed the petition, while granting the petitioners three weeks to remove their belongings from the disputed flat.

Legal Provisions:

1. Articles 226 & 227, Constitution of India – Writ jurisdiction.
2. Sections 5 & 23, Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Maintenance applications and void transfers.

Court: Bombay High Court, Civil Appellate Jurisdiction

Coram: Justice N.J. Jamadar

Date of Decision: 3 October 2025

Writ Petition No.: 11375 of 2025