- (1.) I. THE MATTER PUT TO CHALLENGE The revision petition is against the order passed by the Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (in short the 'Act') directing that the gift executed by the mother in favour of the daughter is voidable at her instance and hence ordered to be voided. This was on a plea that the mother had executed the gift in favour of her daughter with reference to 25% of the share through a registered instrument on 03.01.2013 and that her own hope that she will be supported and maintained by the donee was belied by her conduct and therefore the petitioner was entitled to have the document voided through the order of the Tribunal. On notice of a plea for voiding the document made under Section 23, the respondent stated her objections and denied the assertions that there was any vitiating circumstances contemplated by law to render it void and that further there had been no demand of maintenance nor was there any denial on her part to provide the basic amenities or physical needs of the transferor. II. THE GROUNDS FOR AVOIDING GIFT-3 FACETS
(2.) The Tribunal relied on the assertion of the mother that the daughter was not behaving with her properly and abused her with filthy language and treated these assertions as justifying the demand for the document being declared null and void. This order passed by the Tribunal on 23.07.2015 is a subject of challenge before this Court. Learned senior counsel read out to me the terms of the documents that has been ordered to be voided and pointed out to three requirements under Section 23 of the Act before the order could be passed. Section itself would be required to be reproduced: 23. Transfer of property to be void in certain circumstances 1. Where any senior citizen who, after the commencement of this Act, has 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 subsections (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.
(3.) First requirement according to the senior counsel, is that there shall be a condition attached that the transferee shall provide the basic amenities and physical needs, secondly, such a transferee failed to provide basic amenities and physical needs, thirdly, the transfer will be deemed to have been made by fraud and coercion and undue influence, or at the option of the transferor to be treated as void and declared as such by the Tribunal. III. TERMS OF DOCUMENT EXAMINED;