Section 23

A Division Bench of the Rajasthan High Court at Jodhpur dismissed a son's intra-court appeal against his eviction from his father's house. It held that a Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has an implicit, discretionary power to order eviction where needed to protect a senior citizen (paras 9-10). The father's ownership, the harassment and the criminal case between them justified the order (paras 8, 11-13).

The Supreme Court restored a tribunal order cancelling a mother's gift deed in favour of her son under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, because he failed to look after her as promised. As beneficial legislation, the Act must be read liberally, and tribunals under it can order possession to be restored to the senior citizen (paras 14, 23-26).

The Rajasthan High Court set aside a Maintenance Tribunal order that had declared void a son’s 2010 registered gift deed from his mother under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Following Sudesh Chhikara, it held that Section 23 applies only if the transfer carries an explicit condition that the transferee will provide basic amenities and physical needs, and the transferee fails to do so. This deed carried no such condition (paras 19, 21-24, 27).