Delhi High Court: Love and Affection an Implied Condition in Gift Deeds

The Delhi High Court held that “love and affection” is an implied condition in gift deeds executed by senior citizens for family members, making non-maintenance grounds to void the transfer under Section 23(1) of the Senior Citizens Act.

A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela upheld the cancellation of an 88-year-old woman’s 2015 gift deed in favour of her daughter-in-law, who allegedly neglected and threatened her.

The Court rejected the argument that Section 23 applied only where explicit conditions existed, stressing protection of senior citizens’ rights and welfare.

[Smt Varinder Kaur v. Smt Daljit Kaur & Ors]