One of the most tragic yet common legal issues we face is elder abuse and neglect over property.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides a specific remedy under Section 23. It empowers the Maintenance Tribunal to declare a property transfer (Gift Deed) void if the children or relatives fail to provide “basic amenities and physical needs” to the senior citizen.
The Key Condition:
The transfer generally implies a duty of care. If that duty is breached, the law presumes the transfer was done under fraud or coercion.
At Delhi Law Advocates, we assist senior citizens in filing petitions before the Tribunal to reclaim their assets and dignity.