TaxTMI 
TaxTMI 
2025 (1) TMI 1689
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....ated 27.09.2021 passed by the Sub- Reason:" Divisional Magistrate and Chairman, Chhatarpur in Case No. 98/B-121/2021-22, allowing the application filed by the Appellant herein under Section 23 of the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 (hereinafter "the Act") seeking setting aside of Gift Deed dated 09.09.2019. Factual Matrix 3. The Appellant herein is the mother of the Respondent (son). The subject property was purchased by her on 23.01.1968. On 07.09.2019, the Appellant executed a Gift Deed in favour of the Respondent wherein it has been stated that the donee (Respondent) maintains the donor and makes provision for everything. This deed came to be registered on 09.09.2019. Allegedly, on the same day, a vachan patra / promissory note is executed by the Respondent wherein it has been stated that he will take care of the Appellant till the end of her life and if he does not do so, the Appellant will be at liberty to take back the Gift Deed. The Respondent, before this Court, has alleged this vachan patra to be fabricated. 4. Thereafter, on 24.12.2020, the Appellant filed an application under Sections 22 and 23 of the Act before the Sub Divis....
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....les of interpretation to be applied when interpreting a beneficial legislation akin to the Act at hand. While dealing with certain provisions of the Motor Vehicles Act, this Court, in Brahmpal v. National Insurance Company [(2021) 6 SCC 512], observed that a beneficial legislation must receive a liberal construction in consonance with the objectives that the concerned Act seeks to serve. 9. This Court in K.H. Nazar v. Mathew K. Jacob [(2020) 14 SCC 126] reiterated the above expositions and stated that: "11. Provisions of a beneficial legislation have to be construed with a purpose-oriented approach. [Kerala Fishermen's Welfare Fund Board v. Fancy Food, (1995) 4 SCC 341] The Act should receive a liberal construction to promote its objects. [Bombay Anand Bhavan Restaurant v. ESI Corpn., (2009) 9 SCC 61 : (2009) 2 SCC (L&S) 573 and Union of India v. Prabhakaran Vijaya Kumar, (2008) 9 SCC 527 : (2008) 3 SCC (Cri) 813] Also, literal construction of the provisions of a beneficial legislation has to be avoided. It is the Court's duty to discern the intention of the legislature in making the law. Once such an intention is ascertained, the statute should receive a purpos....
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....rs. [(2021) 15 SCC 730], is: "Traditional norms and values of the Indian society laid stress on providing care for the elderly. However, due to withering of the joint family system, a large number of elderly are not being looked after by their family. Consequently, many older persons, particularly widowed women are now forced to spend their twilight years all alone and are exposed to emotional neglect and to lack of physical and financial support. This clearly reveals that ageing has become a major social challenge and there is a need to give more attention to the care and protection for the older persons. Though the parents can claim maintenance under the Code of Criminal Procedure, 1973, the procedure is both time-consuming as well as expensive. Hence, there is a need to have simple, inexpensive and speedy provisions to claim maintenance for parents." 13. The preamble of the Act states that it is intended towards more effective provisions for maintenance and welfare of parents and senior citizens, guaranteed and recognised under the Constitution. 14. Therefore, it is apparent, that the Act is a beneficial piece of legislation, aimed at securing the rights of senior....
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....ghts that are recognised by Article 21 of the Constitution as understood and interpreted by this Court in a series of decisions over a period of several decades, and rights that have gained recognition over the years due to emerging situations." (emphasis supplied) 18. Keeping in mind the beneficial intention of the statute and the above expositions, we now proceed to consider the issue at hand. 19. Section 23 of the Act reads: 23. Transfer of property to be void in certain circumstances .- (1) Where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal. (2) Where any senior citizen has a right to receive maintenance out of an estate and such estate or part thereof is transferred, the right to receiv....
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....er Section 23, it has been averred that there is a breakdown of peaceful relations inter se the parties. In such a situation, the two conditions mentioned in Sudesh (supra) must be appropriately interpreted to further the beneficial nature of the legislation and not strictly which would render otiose the intent of the legislature. Therefore, the Single Judge of the High Court and the tribunals below had rightly held the Gift Deed to be cancelled since the conditions for the well-being of the senior citizens were not complied with. We are unable to agree with the view taken by the Division Bench, because it takes a strict view of a beneficial legislation. 24. Before parting with the case at hand, we must clarify the observations made vide the impugned order qua the competency of the Tribunal to hand over possession of the property. In S. Vanitha (supra), this Court observed that Tribunals under the Act may order eviction if it is necessary and expedient to ensure the protection of the senior citizen. Therefore, it cannot be said that the Tribunals constituted under the Act, while exercising jurisdiction under Section 23, cannot order possession to be transferred. This would defea....