Madras High Court· 20 July 2026

When does the power to annul a transfer under s.23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 arise?

W.P.(MD)No.29307 of 2023

W.P.(MD)No.29307 of 2023 · W.P.(MD)No.29307 of 2023
Coram: Justice M.Dhandapani

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Answer

Only where the transfer of property was made subject to the condition that the transferee shall provide basic amenities and physical needs to the transferor, and that condition has been violated. In the absence of such a condition in the deed of transfer, the authorities functioning under the Act have no jurisdiction to annul or cancel it, and a settlement deed cannot be cancelled unilaterally.

Headnote

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)

In the Court's own words

Paragraph 4Learned Counsel has placed reliance upon the decision of the Hon'ble Full Bench in the case of Sasikala Vs. Revenue Divisional Officer and another reported in 2022 SCC online Mad 4343, wherein, it has been categorically held that in the absence of a condition incorporated in the deed, the power under Section 23(1) cannot be exercised and further held that when a settlement deed is executed, the same cannot be cancelled unilaterally.

Paragraph 8Admittedly, the petitioner is the son of the fifth respondent. The issue involved in the present Writ Petition is no longer res integra, in view of the judgment of the Hon'ble Full Bench of this Court in Sasikala's case, as referred to supra, wherein it has been held that the power under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can be exercised only if the transfer of property has been made subject to the condition that the transferee shall provide basic amenities and physical needs to the transferor and such condition has been violated. In the absence of such a condition in the deed of transfer, the authorities functioning under the Act have no jurisdiction to annul or cancel the transfer. The relevant portion with regard to unilateral cancellation is extracted hereunder;

Acts & Sections

s.23(1) Maintenance and Welfare of Parents and Senior Citizens Act, 2007

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Also decided in this judgment

Does the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 reach a transfer of property made before it came into force?When a cancellation made under the Act is quashed for want of jurisdiction, does the transferee's obligation to maintain the parent end with it?

Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections