Maintenance Tribunals Cannot Cancel Gift Deeds Merely On 'Vague Allegations' Of Senior Citizens Against Their Children: Bombay High Court

The Bombay High Court recently held that a Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot cancel the 'gift deed' executed by a parent merely on the 'vague' allegations of 'non-maintenance' of the senior citizen by their children or the person, whom they have 'gifted' their property.

Single-judge Justice RM Joshi on August 29 quashed the December 2022 order of a Tribunal, which cancelled the 'gift deed' executed by a 73-year-old woman in favour of her elder daughter and husband, thereby, gifting two of her flats in Kolhapur to the elder daughter and husband. It noted that the senior citizen woman had made allegations that her elder daughter and her husband failed to keep their promise of maintaining her and deprived her of the basic physical need and other amenities. 

In his order, Justice Joshi noted that the woman had only made some vague allegations and did not 'specify' the alleged non-maintenance.

"The Tribunal, while passing order, directing cancellation of the gift deed has mainly relied upon the grounds for challenge to the validity of the execution of the document. It is only incidentally a passing reference has been made about the senior citizen not being maintained by the petitioners. In absence of specific ground being raised as contemplated by Section 23 of the Act of not been provided with basic amenities and physical need, on vague averment and without recording any finding to that effect, it would not be open for the Maintenance Tribunal to cancel the gift deed executed by respondent No.1" the judge held.

The Court, therefore, found substance in the contention of the petitioners (daughter and her husband) that this application is filed under Section 23 of the Act in order to seek cancellation of the gift bypassing the procedure of adjudication for such declaration before the competent Civil Court.

"...this is wholly impermissible in law. If such circumvention of the due procedure for challenging validity of any document is allowed, the same will lead to injustice, as without adjudication of such issue of challenge to the document, same would stand cancelled. It is, therefore, held that dispute with regard to validity of execution of document cannot be gone into in the proceeding under Section 23 even indirectly/incidentally and that this proceeding can never be allowed to become an alternative/bypass to the challenge of validity of document before a civil Court," the bench opined.

The bench there quashed the December 2022 order, by which the Maintenance Tribunal cancelled the 'gift deed' executed in August 2016.

As per the facts of the case, the petitioners before Justice Joshi were husband and wife and the respondent to their plea was the wife's mother. The petitioners contended that the mother executed a gift deed in their favour in August 2016 by which two flats in Kolhapur were gifted to the couple. However, when the father-in-law (respondent 1's) learnt about the gift deed, he filed a suit seeking injunction. Even there before the civil court, the respondent mother filed a written statement affirming the gift deed and even stated that the petitioners were looking after her with love and care.

However, after few years, the woman's second daughter 'instigated' the woman to cancel the gift deed and accordingly the woman filed a complaint before the Tribunal alleging that the gift deed was obtained fraudulently as she was under influence of some medicines. She also alleged that the petitioners were not maintaining her properly. On this very ground, the Maintenance Tribunal cancelled the gift deed.

Before Justice Joshi, the petitioners argued that the Tribunal erred in relying on the 'vague' allegations made by the mother. The Judge, found substance in the said contention and therefore, quashed the order of the Tribunal.

Appearance:

Advocates RP Walvekar and Sangramsinhh Yadav appeared for the Petitioners.

Advocates Sanjeev Sawant, Abhishek Deshmukh, Bhakti Wast and Samir Suryawanshi appeared for the senior-citizen.

Assistant Government Pleader AA Nadkarni represented the State.

Case Details: Nandkishor Sahu vs Sanjeevani Patil (WP/3637/2024)

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