High Court of Karnataka Quashes Senior Citizens Welfare Committee Order in Mother-Son Property Dispute — Gift Deed Not Revocable Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The court held that a gift deed executed voluntarily cannot be declared void under Section 23 of the Act merely because the donee later neglected the donor.

High Court: Karnataka High Court Bench: KALABURAGI In Favour of Accused

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2026-05-18 23:21:48

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Case Note & Summary

The petitioner, Smt. Shoba, is the mother of respondent No.1, Dr. Anil P. Kumar. She filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash an order dated 25.05.2019 passed by the Assistant Commissioner and Chairman of the Senior Citizen Welfare Committee, Raichur (respondent No.2), in File No.SUM/KUM/HINARAKAA/03/2018-19/69. By that order, the Committee declared a gift deed executed by the petitioner in favor of her son as void and directed the son to return the property to the petitioner. The petitioner claimed that she had voluntarily gifted the property to her son, but later due to neglect, she approached the Committee under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Committee, without properly applying Section 23 of the Act, which requires proof of fraud, coercion, undue influence, or refusal to maintain after transfer, set aside the gift deed. The High Court held that the Committee exceeded its jurisdiction because the gift deed was not obtained by any vitiating factors and the mere fact of subsequent neglect does not automatically render the transfer void. The court quashed the impugned order and allowed the writ petition, thereby restoring the gift deed.

Headnote

A) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Section 23 - Gift Deed - Voidability - The Committee under Section 23 can declare a transfer void only if it is obtained by fraud, coercion, or undue influence, or if the transferee refuses to maintain the transferor after the transfer. A voluntary gift deed executed by a mother in favor of her son cannot be set aside merely because the son later neglected the mother, without proof of conditions under Section 23. (Paras 1-10)

B) Writ Jurisdiction - Certiorari - Quashing of Order - The High Court under Articles 226 and 227 of the Constitution can quash an order passed without jurisdiction or in violation of principles of natural justice. The impugned order was set aside as it failed to consider the requirements of Section 23 of the Act. (Paras 1-10)

Issue of Consideration

Whether the order passed by the Assistant Commissioner and Chairman of the Senior Citizen Welfare Committee under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, declaring a gift deed as void and directing return of property, is legally sustainable.

Final Decision

The writ petition is allowed. The impugned order dated 25.05.2019 passed by respondent No.2 in File No.SUM/KUM/HINARAKAA/03/2018-19/69 is quashed. Consequently, the application of the petitioner dated 11.12.2018 is allowed.

Law Points

Gift deed
Maintenance and Welfare of Parents and Senior Citizens Act
2007
Section 23
Senior Citizens Welfare Committee
Writ of Certiorari
Natural justice
Right to property
Maintenance of parents

Case Details

2024 LawText (KAR) (07) 106

WP No. 202832 of 2019 (GM-RES)

2024-07-29

Suraj Govindaraj

Shivanand Patil (for petitioner), Ganesh S. Kalburgi (for R1), Shivakumar R. Tengli (for R2)

Smt. Shoba

Dr. Anil P. Kumar, The Asst. Commissioner & The Chairman Senior Citizen Welfare Committee

Nature of Litigation

Writ petition under Articles 226 and 227 of the Constitution of India challenging an order of the Senior Citizen Welfare Committee declaring a gift deed void.

Remedy Sought

Quashing of the order dated 25.05.2019 passed by respondent No.2 and allowing the petitioner's application dated 11.12.2018.

Filing Reason

The petitioner, mother of respondent No.1, claimed that the Committee wrongly declared the gift deed void without proper application of Section 23 of the Act.

Previous Decisions

The Assistant Commissioner and Chairman of the Senior Citizen Welfare Committee passed an order on 25.05.2019 declaring the gift deed void and directing return of property.

Issues

Whether the Senior Citizen Welfare Committee has jurisdiction to declare a voluntary gift deed void under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, without proof of fraud, coercion, undue influence, or refusal to maintain after transfer.

Submissions/Arguments

Petitioner argued that the gift deed was voluntarily executed and the Committee erred in setting it aside without satisfying the conditions of Section 23 of the Act. Respondent No.1 (son) supported the Committee's order, claiming neglect by the son justified the revocation.

Ratio Decidendi

Under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a transfer of property can be declared void only if it is obtained by fraud, coercion, or undue influence, or if the transferee refuses to maintain the transferor after the transfer. A voluntary gift deed cannot be set aside merely because the donee later neglected the donor.

Judgment Excerpts

The petitioner is the mother of respondent No.1. Petitioner claims to have gifted the property bearing...

Procedural History

The petitioner filed an application before the Senior Citizen Welfare Committee on 11.12.2018. The Committee passed an order on 25.05.2019 declaring the gift deed void. Aggrieved, the petitioner filed the present writ petition on 2019.