Abstract

This article attempts to explore the evolving jurisprudence of Courts as to the intersection of the provisions of the Transfer of Property Act and the Senior Citizens Act with respect to a gift deed. It starts by exploring the concept of a gift deed itself and what makes for a valid gift deed. The article then proceeds to understand a social welfare legislation i.e. the Maintenance and Welfare of Parents and Senior Citizens Act to show how it qualifies and impacts the Transfer of Property Act. A gift deed under the TPA is considered to be a provision which may put the transferor in a position of disadvantage due to the transfer of a benefit. Hence it is important to ensure that the transfer is made voluntarily, with free consent and in the absence of any force, coercion or undue influence. Senior citizens as a group in society are often considered to be a vulnerable segment, who are often dependent on others for their maintenance. They are more gullible and easy to influence. Further, their ailing health might also hinder them from making informed decisions. Considering this, the Senior Citizens Act attempts to make provisions regarding the validity of a gift deed made by a senior citizen and provides for situations where the same may be revoked under Section 23 (1) of the Senior Citizens Act. The application of this provision in various respects such as its nature etc. has been challenged in many cases over the years. This article looks at how the Indian Courts have through its judgments addressed the questions and issues that came up in the light of the above provisions. It explores the jurisprudence behind the provisions, the object with which they were introduced and how they have been used over the years.

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