Does the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 reach a transfer of property made before it came into force?

No. The Act is applicable only to a transfer of property made after the commencement of the Act, and it cannot be given retrospective effect.

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — s.23(1) — Settlement deed — Condition to provide basic amenities — Retrospective operation — Maintenance — Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — s.23(1) — Condition and its breach are the jurisdictional facts — Held: The power under s.23(1) arises only where the transfer was made subject to a condition that the transferee provide basic amenities and physical needs and that condition has been violated; absent such a condition the authorities have no jurisdiction to annul the transfer. (¶8, ¶10) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Applies only to a transfer after commencement — Held further: The Act applies only to a transfer of property made after its commencement and cannot be given retrospective effect. (¶9) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Cancellation quashed — Duty to maintain enforced — Held further: Quashing the cancellation does not displace the son's duty to take care of his father; he was directed to pay monthly maintenance. Writ petition allowed. (¶12)

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