URMILA DIXIT versus SUNIL SHARAN DIXIT AND ORS.

Citation: [2025] 1 S.C.R. 105 · Decided: 01-01-2025 · Supreme Court of India · Bench: C.T. RAVIKUMAR · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 9 · see the full citation network in Lexace

Judgment (excerpt)

[2025] 1 S.C.R. 105 : 2025 INSC 20
Urmila Dixit 
v. 
Sunil Sharan Dixit and Ors. 
(Civil Appeal No. 10927 of 2024)
02 January 2025
[C.T. Ravikumar and Sanjay Karol,* JJ.]
Issue for Consideration
Whether the High Court was correct in setting aside the order of 
the Tribunal granting benefit of Section 23 of the Maintenance 
and Welfare of the Parents and Senior Citizens Act, 2007, to the 
Appellant-mother.
Headnotes†
Maintenance and Welfare of the Parents and Senior Citizens 
Act, 2007 – s.23 – Transfer of property to be void in certain 
circumstances – Appellant-mother sought cancellation of the 
Gift Deed transferring her property to the respondent-son 
subject to the condition that he provides for her maintenance – 
Appellant alleged that the conditions in the promissory note 
and the gift deed w.r.t her maintenance were grossly unfulfilled 
and there was a breakdown of peaceful relations inter se the 
parties – Gift Deed in question, if ought to be quashed:
Held: Yes – Sudesh Chhikara v. Ramti Devi and Anr. [2022] 17 
SCR 876, expounded two conditions for attracting the application 
of Section 23(1), (a) the transfer must have been made subject to 
the condition that the transferee shall provide the basic amenities 
and basic physical needs to the transferor; and (b) the transferee 
refuses or fails to provide such amenities and physical needs to the 
transferor – In the present case, the conditions for the well-being 
of the senior citizens were not complied with – Single Judge of 
the High Court and the tribunals below rightly held the Gift Deed 
to be cancelled – View of the Division Bench which set aside the 
judgment of the Single Judge and took a strict view of a beneficial 
legislation, not agreed with – Impugned judgment set aside – Gift 
Deed quashed – Possession of the premises be restored to the 
Appellant. [Paras 21, 23, 26]
* Author
106
[2025] 1 S.C.R.
Digital Supreme Court Reports
Maintenance and Welfare of the Parents and Senior Citizens 
Act, 2007 – s.23 – Jurisdiction of the Tribunal – If can order 
eviction and transfer of possession of the property – Impugned 
order observed that Section 23 is a standalone provision of 
the Act and the jurisdiction of the Tribunal is only to find out 
whether the condition in the gift deed or otherwise contained a 
clause providing for basic amenities and whether the transferee 
has refused or failed to provide them and there is no other 
jurisdiction vested with the Tribunal – Correctness:
Held: Tribunals under the Act may order eviction if it is necessary 
and expedient to ensure the protection of the senior citizen – It 
cannot be said that the Tribunals constituted under the Act, while 
exercising jurisdiction under Section 23, cannot order possession 
to be transferred – This would defeat the purpose and object of 
the Act to provide speedy, simple and inexpensive remedies for 
the elderly – The relief available to senior citizens under Section 
23 is intrinsically linked with the statement of objects and reasons 
of the Act, that elderly citizens of the country, in some cases, are 
not being looked after – It is directly in furtherance of the objectives 
of the Act and empowers senior citizens to secure their rights 
promptly when they transfer a property subject to the condition of 
being maintained by the transferee. [Paras 24, 25]
Interpretation of Statutes – Maintenance and Welfare of the 
Parents and Senior Citizens Act, 2007 – Beneficial legislation – 
Interpretation – Rules for – Discussed.
Case Law Cited
Brahmpal v. National Insurance Company [2020] 9 SCR 504 : 
(2021) 6 SCC 512; K.H. Nazar v. Mathew K. Jacob [2019] 14 
SCR 928 : (2020) 14 SCC 126; Kozyflex Mattresses (P) Ltd. v. SBI 
General Insurance Co. Ltd. (2024) 7 SCC 140; X2 v. State (NCT of 
Delhi) [2022] 7 SCR 686 : (2023) 9 SCC 433; S. Vanitha v. Deputy 
Commissioner, Bengaluru Urban District and Ors. [2020] 12 SCR 
1057 : (2021) 15 SCC 730; Vijaya Manohar Arbat Dr v. Kashirao 
Rajaram Sawai and Anr. [1987] 2 SCR 331 : (1987) 2 SCC 278; 
Badshah v. Urmila Badshah Godse and Anr. [2013] 10 SCR 259 : 
(2014) 1 SCC 188; Ashwani Kumar v. Union of India [2019] 12 
SCR 30 : (2019) 2 SCC 636; Sudesh Chhikara v. Ramti Devi and 
Anr. [2022] 17 SCR 876 : 2022 SCC Online SC 1684 – relied on.
Rajnesh v. Neha and Another [2020] 13 SCR 1093 : (2021) 2 
SCC 324 – referred to.
[2025] 1 S.C.R. 
107
Urmila Dixit v. Sunil Sharan Dixit and Ors. 
List of Acts
Maintenance and Welfare of the Parents and Senior

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