Section 23 of MWPS Act, 2007 : Section 23: Transfer Of Property To Be Void In Certain Circumstances

Explanation using Example

Imagine an elderly widow, Mrs. Sharma, who owns a house. She decides to transfer the house to her son, Raj, on the condition that he will take care of her basic needs such as food, shelter, and medical care. After the transfer, Raj neglects his mother, failing to provide the agreed amenities and care. Mrs. Sharma, feeling cheated, can approach the Tribunal under Section 23(1) of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007. She can claim that the property transfer was made under undue influence, and the Tribunal might declare the transfer void, returning the property to her.

In another scenario, Mr. Gupta, a senior citizen, has a right to receive maintenance from a property he has given to his nephew, Aman, with the understanding that Aman will support him. However, Aman decides to sell the property to a third party, Mr. Singh, without informing him of Mr. Gupta's maintenance rights. Since Mr. Singh was unaware and the transfer was not a gift, Mr. Gupta cannot enforce his maintenance rights against Mr. Singh according to Section 23(2).

Lastly, if Mr. Desai, an ailing senior citizen, is unable to fight for his rights due to incapacity, a registered society dedicated to the welfare of senior citizens can represent him and take necessary action as per Section 23(3) to ensure his maintenance rights are honored.