Senior citizens law deals with transactions after commencement of Act: HC

The high court has upheld the single judge bench order in a case arising out of Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The single judge had set aside the order of the assistant commissioner quashing a gift deed, executed in 2005 before the enactment of the 2007 Act.

A division comprising Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum noted that the 2007 Act deals with only those transactions by senior citizens that are carried out after the commencement of the Act.

The bench noted that the senior citizen, who moved an appeal challenging the single judge order, had also filed a civil suit questioning the gift deed and a sale deed executed in 2014.

The person who purchased the property in 2014 challenged the order of the assistant commissioner before the deputy commissioner and subsequently filed a writ petition.

The senior citizen had gifted her property under registered gift deed dated August 22, 2005 to her daughter, who, in turn, sold the property on August 26, 2014.

Based on an application filed by the senior citizen, the assistant commissioner, Tumakuru set aside the 2005 gift deed as well as the 2014 sale deed while exercising powers under the 2007 Act.

“The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, was brought into force in 2007. The wordings incorporated under section 23 of the Act clearly indicates that the application under section 23 is prospective in nature,” the division bench said.

Pointing to the civil suit initiated by the senior citizen, the bench said that the appellant cannot pursue two parallel remedies on the same cause of action.