The condition that implies the transfer documents does not contain the clause that the recipient has to take care of the transferee, the Madras High court has mentioned.
The conditions for property transfer declaration are differentiated into two factors and those are null and void considering Section 23 of the Act.
One condition clarifies that the transfer process has begun once the Act is on a rule. Another condition is that the transfer document should have a declaration to maintain the senior citizens, as stated by Justice R Subramanian.
If these conditions are not considered then the Revenue Division Officers can’t approve the pleas for declaring the documents as void. This point is clarified while rejecting a written petition from S Selvaraj of Chennai.
S Selvaraj’s petition states a request to the RDO in Ambattur to consider the complaint against his son. However, the judge explained to him that he can go ahead with proceedings asking for maintenance from his son and to go ahead for property transfer cancellation as well before a jurisdictional civil court make any changes.
The judge also explained to them regarding the 2017 Act’s Section 23 which clears that senior citizens who transferred the property as a gift or for other reasons, he/she can seek cancellation of transfer on unable to maintain the transferee only if he/she has made a condition before itself.
The judge then confronted the transferee by explaining all the details and rules regarding his/her case to show support from the law aspect. And also mentioned what the transferee can do to get justice over his plea. This situation has made common people to be aware during the transfer of the property.
