A 97-year-old man has moved the Delhi High Court seeking that the provisions protecting senior citizens brought under the Maintenance & Welfare of Parents & Senior Citizens Act of 2007 be made applicable in his case also as his sons were not taking proper care of him.
According to the petitioner, 2 his sons of him got gift deeds signed by him in their favour in 2007 in respect of certain portions of his property. Petitioner claimed that one son got a gift deed in respect of the entire 1st floor executed in his favour & second son got a gift deed executed in his own favour in respect of the basement & ground floor of the property.
According to the plea, the man has alleged that the transfers were done “fraudulently” & that both the children had also assured him that they would take care of him in times of his need.
The petitioner alleged that after the execution of the gift deeds, the Union of India notified the Maintenance & Welfare of Parents & Senior Citizens Act, 2007 which came into force on 01.09.2008 in the GNCT of Delhi. Thus, while the gift deed stood executed in May 2007 whereafter immediately, the Act was notified & thereafter brought into force. Had the Act been notified & brought into force slightly earlier, the Petitioner too would have been covered under the Act, the petition said.
The bench of Justice Satish Chander Sharma & Justice Subramonium Prasad on Monday after noting down the submission of petitioner counsel issued notice to the Centre through Ministry of Law & Justice & fixed the matter for Dec 15, 2022.
The Petitioner also submitted that he had in the initial stages gone to the Maintenance Tribunal for redressal of his grievances, but the complaint was not entertained on the ground that Section 23 of the Act restricts the application of the Act to transfers made after the coming into force of the Act.
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