By Advocate Ajay Malik | Supreme Court, Delhi High Court & District Courts
In my years of practice across Delhi’s courts, some of the most heartbreaking cases I handle involve elderly parents. They come to my chamber in tears, having transferred their life savings and homes to their children via a “Gift Deed,” only to be treated like a burden, neglected, or worse—thrown out of their own house.
If you are a senior citizen reading this, I want you to know one thing: You are not helpless. The law is heavily in your favor.
You do not have to accept abuse. You can legally take your property back.
The Golden Shield: Section 23 of the Senior Citizens Act
The Government of India enacted the Maintenance and Welfare of Parents and Senior Citizens Act in 2007. Section 23 of this Act is a specific, powerful tool designed just for this scenario.
It states that if a senior citizen transfers their property (by gift or settlement) to a relative, subject to the condition that the relative will provide basic amenities and care—and the relative fails to do so—the transfer is deemed fraudulent. The property transfer can be declared VOID, and ownership reverts back to you.
“But Advocate Malik, I didn’t write any condition in the Gift Deed!”
This is the most common fear my clients have. The children often argue that the gift was “unconditional” and final.
Here is the good news: Recent 2025 Supreme Court and Delhi High Court Judgments have changed the game.
In landmark cases like Urmila Dixit v. Sunil Sharan Dixit (2025) and Smt. Varinder Kaur (Delhi HC, Sept 2025), the courts have firmly stated that when a parent gifts property to a child, the condition of maintenance is IMPLIED.
You do not need an explicit clause written in the deed. The very act of gifting out of “love and affection” carries the legal expectation that you will be cared for in your old age. If they breach that trust, the deed can be revoked.
The Legal Process: Fast & Effective
You do not have to file a regular civil suit that takes 10-15 years to resolve.
Instead, I file these cases before the Maintenance Tribunal (usually presided over by the SDM or ADM of your district). The Tribunal has the power to:
- Cancel the Gift Deed / Release Deed.
- Order the eviction of the abusive child from your property.
- Order them to pay you monthly maintenance.
Your dignity is non-negotiable. If you are facing harassment from your children after a property transfer, contact my office immediately.
Legal Assistance
Advocate Ajay Malik
(Supreme Court, Delhi High Court & District Courts)
📍 Chamber: A-52, B1 Floor, Sector-19, Dwarka, New Delhi-75
📱 Call/WhatsApp: +91-8766252309