Not necessary for parent to document conditions under Senior Citizen Act: HC

CHANDIGARH:THE Punjab and Haryana high court has held that even if the conditions of providing basic amenities and basic physical needs to the transferor of property, is stipulated only orally and is not in writing, even then a parent can revoke it, if conditions not met by the children under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The high court division bench of chief justice (retd) SJ Vazifdar and justice Avneesh Jhingan, earlier this week, was answering a reference raised by a single judge bench after this issue kept cropping up time and again.

Section 23 of the Senior Citizens Act makes the gift voidable at the option of the donor provided the conditions stipulated therein are not fulfilled. The court said that Section 23 does not require that condition should be in writing.

“Considering the nature of the Act we do not consider it necessary or appropriate to read such a requirement into Section 23 of the Senior Citizens Act,” the court said , that the preamble of the Act indicated that the purpose of the Act is to protect and provide for the senior citizens.

“It is a welfare legislation for the benefit of the senior citizens. The provisions of the Act must, therefore, be liberally construed in favour of the senior citizens,” the court said adding, otherwise, it would defeat the purpose of legislation.

The court observed that the property of a senior citizen has a direct bearing on the maintenance and welfare of parents and senior citizens.