Latest news with #SeniorCitizensAct
Time of India
6 hours ago
- Business
- Time of India
HC rejects senior citizen's petition to revoke gift deed to destitute daughter
Nagpur: A 74-year-old businessman's attempt to revoke a property gift deed executed in favour of his daughter was dismissed by the Nagpur bench of Bombay High Court, which found no legal basis under the Senior Citizens Act to declare the transfer null and void. Justice RM Joshi, upholding earlier rulings of Maintenance Tribunal and Appellate Authority, ruled that the gift deed — executed in 2016 for a commercial shop in Sitabuldi — did not contain any express or implied condition that the daughter had to maintain her father and provide basic amenities. "In such circumstances, the tribunal was justified to reject the application," the judge ruled recently. The petitioner claimed the shop was gifted out of affection at a time when his daughter was experiencing marital issues. Later, citing a breakdown in family ties and lack of support, he approached the Tribunal under Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, arguing that she breached an unwritten promise to care for him. His daughter challenged the verdict through counsel Atul Pande, also the High Court Bar Association (HCBA) president. However, the court pointed out a crucial contradiction. "When it was the petitioner's own case that his daughter is destitute, the question of her taking care of his basic needs does not arise," Justice Joshi stated. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Ready for a Glow-Up? [Get Your Reading Now] Undo Glow-Up Packages from $15 [Sign Up] Undo Affect Your Future Now! (Book Today) Undo Also, the father continues to reside in his own hotel and he had stated before the Appellate Authority that he was not seeking maintenance from her. The shop in question was part of a family partition, where one shop each was allocated to the petitioner's two sons and the third to the daughter. "There is no stipulation in the gift deed that it was executed on condition of maintenance," the court observed, dismissing the petitioner's argument that obligations of care could be implied under the law. The court also rejected the petitioner's claim that a domestic violence case filed by the daughter against her brother and mother should justify revoking the gift. "Merely because such a proceeding is initiated, won't become a ground for revocation," Justice Joshi held. Warning against misuse of the Senior Citizens Act, the judge noted that the provision is sometimes invoked as a shortcut to avoid pursuing disputes through civil courts. "Apparently, this is one such attempt, wherein there is reason to believe that since the woman has filed proceedings against the father under provisions of Domestic Violence Act, the gift deed executed in her favour is sought to be declared null and void," the court said before dismissing the case.
Filipino Times
04-07-2025
- Business
- Filipino Times
House Bill Seeks to allow senior, PWD discounts on top of promos
A new House bill has been filed seeking to ensure that senior citizens and persons with disabilities (PWDs) receive their 20% discount and 12% VAT exemption on top of any promotional offer extended by businesses. House Bill 16, filed by Speaker Martin Romualdez with co-authors Reps. Jude Acidre and Andrew Romualdez of Tingog party-list, clarifies that discounts for seniors and PWDs should not be overridden or absorbed by ongoing promos or sales offered to the general public. Additionally, the bill proposes that booklets should not be required for claiming discounts during purchases, aiming to make the process more convenient. The measure seeks to reaffirm the intent of the Senior Citizens Act and the Magna Carta for Disabled Persons, ensuring that preferential treatment remains intact and is not diminished by retail promotions. A similar measure was approved by the House in 2024 but failed to pass in the Senate. Lawmakers hope this renewed version will finally be enacted during the 20th Congress, which opens on July 28.
GMA Network
04-07-2025
- Business
- GMA Network
House bill eyes senior, PWD discounts on top of 'promo offers'
A bill granting 20% discount and 12% Value Added Tax (VAT) exemption to senior citizens and persons with disabilities on top of any "promotional offer" has been filed at the House of Representatives. The proposed measure provides that 'the discount granted to senior citizens and persons with disabilities, including the 20% discount and exemption from the value-added tax (VAT) on goods and services, or the special discount on purchase of basic necessities and prime commodities, will be in addition to any prevailing promotional offers or discounts extended by business establishments, if any, has been provided, but in no way that it will require presentation of booklets in the procurement of goods.' Further, the bill states that a promotion or discount offered by a business establishment to the general public will not be considered in compliance with Section 4 of the Senior Citizens Act as amended and Section 32 of Magna Carta for Disabled Persons as amended. House Bill 16 was filed by 19th Congress House Speaker Martin Romualdez, who was reelected as Leyte Representative in the last elections. Tingog party-list Reps. Andrew Julian Romualdez and Jude Acidre co-authored the bill. 'This bill aims to preserve the preferential treatment accorded to senior citizens and persons with disabilities by mandating the State to adopt an integrated approach on how to make essential programs and other social services available to them in an attainable and convenient manner,' said Romualdez. 'This is in line with the state policy of promoting a just and dynamic social order that shall ensure the nation's prosperity and free its people from poverty,' the authors added. A similar bill covering promos on discounts for purchases made by senior citizens and PWDs was filed in the 19th Congress by then Reps. Joey Salceda of Albay, Rodolfo "Ompong" Ordanes of Senior Citizens party-list, and Alfelito "Alfel" Bascug of Agusan del Sur. This bill was approved by the House on third and final reading in May 2024, but the Senate did not pass a similar measure. The First Regular Session of the 20th Congress opens on July 28. —VAL, GMA Integrated News
News18
25-06-2025
- General
- News18
Only Senior Citizen Who Gave Property Can Cancel Gift Deed, Spouse Cannot: Madras HC
Last Updated: Court rejected a mother's plea to cancel her late husband's property transfer to their son, holding she lacked legal standing under the Senior Citizens Act The Madras High Court recently observed that as per the scheme of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, only the senior citizen who has transferred the property can seek its cancellation under Section 23(1) of the Act. Third parties, including close family members like a spouse, cannot initiate such proceedings, it clarified. The bench of Justice N. Anand Venkatesh emphasized, 'Except a transferor, no other person can maintain an application under Section 23(1) of the Act before the Authority concerned." Court made it clear that the statutory right to seek cancellation of a gift or settlement deed lies exclusively with the senior citizen who executed the transfer. A settlement deed was executed by petitioner Karuppan's father in his favour in 1997. Years after the father's death, Karuppan's mother approached the Sub-Collector in 2019, alleging that her son had failed to take care of her. Relying on Section 23(1) of the Act, she sought cancellation of the deed. The Sub-Collector allowed her request and annulled the deed, citing neglect. Karuppan's appeal against this was dismissed as infructuous after his mother passed away in November 2019. Challenging the order of deed cancellation, Karuppan moved the high court, arguing that firstly, the deed had no clause requiring him to maintain his parents. Secondly, his mother was not the executant of the deed and had no legal standing to seek its cancellation. Deciding in Karuppan's favour, the high court pointed out that for Section 23(1) to apply, three key conditions must be met: the transfer must be made by a senior citizen; it must be conditional upon the transferee providing basic amenities and needs; and such condition must be violated. Importantly, the deed must explicitly record this obligation. Love and affection is not a legal consideration. A gift made out of love is not the same as one made subject to specific obligations, the court observed, drawing on the Supreme Court's decisions in Sonia Bhatia v. State of U.P., Sudesh Chhikara v. Ramti Devi, and Urmila Dixit v. Sunil Sharan Dixit. The court further clarified that under the scheme of the Act, only the senior citizen who executed the transfer (in this case, the father) could have sought cancellation under Section 23(1). Since the mother was not the transferor, her application was legally untenable. 'The second respondent ought not to have entertained the said application and passed orders," the court opined. Concluding that the 1997 settlement was absolute, irrevocable, and not conditional upon the son's care, the court quashed the 2019 cancellation order and directed the Sub-Registrar to restore the original deed in the land records. First Published: June 25, 2025, 14:20 IST
Time of India
25-06-2025
- General
- Time of India
Parliament must fix appeal anomaly in Sr Citizens Act, Karnataka HC rules
Bengaluru: Karnataka high court has ruled that it is for the Parliament to rectify the anomaly in the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, concerning appeal remedies. The court further said the Law Commission of India needed to examine this issue to suggest suitable amendments. Justice Suraj Govindaraj made this observation while reviewing two separate petitions filed by a mother on one side and her son, along with the daughter-in-law, on the other. Both parties had challenged a January 29, 2020, order issued by the assistant commissioner, Bangalore North sub-division, acting as a tribunal under the Senior Citizens Act. "Normally, if a senior citizen or parent is aggrieved by an order passed by the assistant commissioner, the remedy available is an appeal under Section 16 of the Senior Citizens Act. If a son, daughter, daughter-in-law, son-in-law, or a third party who is not a senior citizen or parent is aggrieved by the order, the remedy of an appeal under Section 16 of the Senior Citizens Act is not available to them," Justice Govindaraj clarified. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Perdagangkan CFD Emas dengan Broker Tepercaya IC Markets Mendaftar Undo You Can Also Check: Bengaluru AQI | Weather in Bengaluru | Bank Holidays in Bengaluru | Public Holidays in Bengaluru He further observed that a person who is not a senior citizen would need to approach the high court under Article 226 and 227 of the Constitution of India to challenge such an order. If both parties are aggrieved and both are to file writ petitions, then both the petitions will have to be considered together and a common order will have to be passed, the judge ruled, adding that such a complicated scenario can only be addressed by the Parliament. In the case at hand, the mother had filed an application to reclaim a residential unit at Mahalakshmipuram and to reconvey a gifted property at HSR Layout. The assistant commissioner directed the reconveyance of the site at HSR Layout to the mother and ordered that she be provided with accommodation at the Mahalakshmipuram house. However, considering the gift deed pertaining to HSR Layout was dated August 5, 2005, prior to the coming into force of the Senior Citizens Act, the judge ruled that the said transaction could not be challenged under the Act. Regarding the Mahalakshmipuram property, the judge remitted the matter back to the assistant commissioner for fresh consideration.
