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Section 23: Transfer of property to be void in certain circumstances.

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007Central Act · Act 56 of 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.

Where this provision sits

ActThe Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Section23
Marginal noteTransfer of property to be void in certain circumstances.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it2

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