The Allahabad High Court has held that Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be invoked to decide title disputes which fall beyond the scope of the provision. It held that unless the conditions provided in Section 23 are met, title disputes cannot be decided by the Tribunal under the Act.

For context, Section 23 allows senior citizens to void the transfer of a property, if the property was transferred on the explicit condition that the transferee would provide basic amenities and physical needs, and the transferee subsequently fails or refuses to do so.

The bench of Justice J.J. Munir and Justice Indrajeet Shukla held,

“with respect to the protection of the property of a senior citizen, only the limited jurisdiction conferred under Section 23 of the Act of 2007 is available. Accordingly, no property dispute falling beyond the scope of Section 23 of the Act of 2007 can be permitted to be adjudicated by the statutory authorities mentioned under the said Act. Any attempt to adjudicate disputes beyond the realm of Section 23 of the Act of 2007 would amount to transgression of jurisdiction, since such jurisdiction has not been vested by the statute.”

Petitioner's father was the owner of the property in question. It is said that the father executed a Will in favour of private respondents who then sold the land by two sale deeds. Claiming that he is the lawful owner of the land, petitioner filed a representation under Section 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. He claimed that the Will was forged and therefore, no rights would flow from a forged document.

Petitioner approached the High Court seeking protection under the Act and declaration of the Will as forged.

The Court observed that barring Section 23 of the Act, which declares transfer of property as void in certain cases, the Tribunal under the Act does not have the power to declare any title deed non est. It held that only if the conditions under Section 23 are satisfied, can a transfer be declared by the Tribunal under the Act.

“Every property dispute pertaining to validity of conveyance/transfer deed qua senior citizens cannot be subject matter of adjudication under the Act unless it qualifies the pre-requisites of the Section 23 of the Act.”

Holding that titular disputes falling beyond the ambit of Section 23 cannot be decided under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Court dismissed the writ petition. It held that civil suits regarding title dispute were pending.

Case title: Satish Chandra Gupta v. State of U.P. and 11 others

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