This article discusses the 2 different interpretations made by the Courts with respect to Section 23(1) of the Senior Citizens Act, 2007. Interpretation of provisions is an art, and here is one of many examples that will make us love it!
As per Section 23(1) of the Senior Citizens Act, where a senior citizen transfers a property to another person, subject to the condition that the transferee shall provide the basic amenities and basic physical needs, and when such person refuses or fails to provide such amenities and physical needs, then the transfer is deemed to be one made by fraud/coercion/ under undue influence, and is void at the option of the transferor. In this article, I’ll be explaining whether the clause regarding maintenance is mandatorily required in the deed itself.
Is Maintenance clause necessary to invoke Section 23 of Senior Citizens Act, 2007? Read Post »
