Chennai, September 11, 2023 

The Madras High Court has emerged as a staunch advocate for the rights of senior citizens under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The court's recent judgment in the case of Mohamed Dayan v The District Collector and Others (WP No. 28190 of 2022) has set a precedent by offering an expansive interpretation of Section 23(1) of the Act, underscoring the obligation of property recipients to provide essential care and support.

Section 23(1) of the Act outlines that if a senior citizen transfers property with the understanding that the recipient will meet their basic needs but subsequently fails to do so, the transfer can be invalidated. Importantly, the court emphasized that this condition need not be explicitly stated in the gift or settlement deed; it can be an implicit understanding, with "Affection and Care" being regarded as the consideration for the property transfer.

Justice SM Subramaniam, presiding over the case, highlighted the significance of interpreting the Act's provisions comprehensively. The court firmly rejected any attempts to dismiss a senior citizen's complaint solely because an explicit maintenance condition was absent from the deed.

This judgment marks a departure from a previous Supreme Court ruling in Sudesh Chhikara vs Ramti Devi, which held that Section 23 of the Senior Citizens Act would only apply if property transfers explicitly included conditions for providing basic amenities and care. The Madras High Court's verdict in Mohamed Dayan adopts a more senior-citizen-centered approach, asserting that "Affection and Care" can constitute an implicit condition for property transfers.

The case at hand revolved around the annulment of a Settlement Deed executed by an elderly mother in favor of her son. The son argued that the deed lacked an explicit maintenance condition, making its cancellation a violation of Section 23 of the Act. Conversely, the mother contended that she had executed the deed out of love and affection, with the expectation that her son would provide for her and her husband in their old age, which he failed to do.

The court ruled that when parents transfer property to their children with the hope of receiving care and affection in return, this love and affection serves as both the consideration and an implicit condition of the transfer. Consequently, if the child neglects their parents after the property transfer, authorities can void the deed under Section 23(1) of the Act.

This groundbreaking verdict from the Madras High Court reaffirms the importance of safeguarding the rights and welfare of senior citizens, ensuring that they are not left without support and care in their twilight years.

Case Title: "Landmark Interpretation of Senior Citizens' Rights: Mohamed Dayan v The District Collector and Others (WP No. 28190 of 2022)"

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