Express Recital for Maintenance under Senior Citizens Act Not Mandatory in Gift Deeds: Karnataka High Court

Express Recital for Maintenance under Senior Citizens Act Not Mandatory in Gift Deeds: Karnataka High Court

The Karnataka High Court has held that an express recital in a gift deed regarding maintenance liability under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is not mandatory for enforcement of maintenance.

The Court observed that where a transferee accepts immovable property through a valid gift deed, the legal obligation to maintain a senior citizen can arise from the overall transaction and conduct of the parties, even in the absence of an explicit clause.

The ruling clarifies that the purpose of the Act is to ensure maintenance of senior citizens and need not be defeated by insisting on formal recital in the deed itself.

Read order / a month ago

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