Transfer of property to be void in certain circumstances
Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 deals with transfer of property to be void in certain circumstances. 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 The Act was enacted on 29 Dec 2007.
(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 receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of right.
(3) If, any senior citizen is incapable of enforcing the rights under sub-sections (1) and (2), action may be taken on his behalf by any of the organisation referred to in Explanation to sub-section (1) of section 5.
Section 23, The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act 56 of 2007).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Smt. S Vanitha v. The Deputy Commissioner, Bengaluru Urban District
Court's Decision & Legal Precedent
Judgement of Main Case order-7.pdf 2020-12-15 DATE-CHECK FP (2019-09-17 HC / 2019-12-31 vacate / 2002-05-30 marriage are fact dates; body is CA 3822/2020 Chandrachud REPORTABLE Smt. S Vanitha v. Deputy Commissioner). Isolate: Tribunal may order eviction as an incident of maintenance and protection of life/property under the Senior Citizens Act, but must advert to a competing PWDVA s.17 shared-household claim; s.3’s non-obstante clause does not automatically oust the DV Act. s.4 is the maintenance entitlement; s.23 is the transfer/estate-enforcement provision. Do not pad DV 17 (already filled by Satish Chander Ahuja).
On this section: Senior Citizens Act s.23: s.23(1) voids a conditioned gift/transfer when the transferee fails to maintain; s.23(2) lets a senior citizen enforce maintenance out of a transferred estate against a gratuitous/notice transferee. Eviction can be incidental to that enforcement, but competing PWDVA claims must be heard (Vanitha).
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 23
What have the courts held on Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act?
Smt. S Vanitha v. The Deputy Commissioner, Bengaluru Urban District (15 Dec 2020) is the leading judgment on this section among those set out below: Senior Citizens Act s.23: s.23(1) voids a conditioned gift/transfer when the transferee fails to maintain; s.23(2) lets a senior citizen enforce maintenance out of a transferred estate against a gratuitous/notice transferee. Eviction can be incidental to that enforcement, but competing PWDVA claims must be heard (Vanitha).
How do I find court cases under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Senior Citizens Act 23, section 23 Senior Citizens Act, section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Smt. S Vanitha v. The Deputy Commissioner, Bengaluru Urban District (15 Dec 2020).
What should I read with Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, and has it changed?
Its own text turns on section 5 (Application for maintenance), so none of them can safely be read on its own.
When was Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act enacted?
Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, cited as Senior Citizens Act 23, was enacted on 29 Dec 2007 as Act 56 of 2007. It is in force as at the date shown on this page.
Other sections of this Act
- 5. Application for maintenance488 words
- 6. Jurisdiction and procedure318 words
- 16. Appeals273 words
- 32. Power of State Government to make rules234 words
- 2. Definitions231 words
- 4. Maintenance of parents and senior citizens218 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.