Protecting Senior Citizens’ Rights: Supreme Court Cancels Gift Deed under Section 23 of the MWPSC Act
Case Background The case arose when Urmila Dixit, a senior citizen and mother of the respondent , executed a gift deed in 2019 transferring her property to her son, Sunil Sharan Dixit. The deed mentioned that the son would take care of his parents and ensure their well-being. On the same day, a promissory note was also executed stating that if he failed to provide such care, the gift deed could be revoked. However, after allegations of harassment and neglect, Urmila Dixit approached the authorities under Sections 22 and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (MWPSC Act) . The Sub-Divisional Magistrate (SDM) and Collector both ruled in her favor, setting aside the gift deed. The son challenged this before the Madhya Pradesh High Court, where a Division Bench overturned the lower orders, holding that Section 23 is a standalone provision and cannot be invoked unless the gift deed itself expressly contains a condition of maintenance.