Daily One-Liners: 04.01.2025
Polity & Governance Update
SC Verdict on Property Restoration: MWPSC Act 2007 Analysis
Key Daily One-Liners
- Supreme Court Ruling: In the case Sudesh Chhikara vs. Ramti Devi & Anr., the SC ruled that senior citizens cannot revoke a property gift deed solely because children fail to provide maintenance, unless a specific condition was written in the deed.
- Section 23 of MWPSC Act: This section allows a Maintenance Tribunal to declare a property transfer "void" if it was done via fraud, coercion, or undue influence.
- The "Deeming Fiction": For a transfer to be voided, the deed must explicitly state that the transfer is subject to the condition of providing basic amenities and physical needs.
- Article 41 (Constitution): The MWPSC Act aligns with Article 41 (DPSP), which mandates the State to secure public assistance in cases of old age.
- Scope of Maintenance: Includes provision for food, clothing, residence, and medical attendance and treatment.
- Tribunal Authority: The ruling clarifies that the Maintenance Tribunal cannot implicitly imply a condition of maintenance if it is not written in the registered deed.
Q&A: Senior Citizens Act & Legal Rights
Q1. Which Section of the MWPSC Act, 2007 deals with the "Transfer of Property to be void in certain circumstances"?
Ans: Section 23.
Q2. Which Constitutional Article provides the backbone for the Maintenance and Welfare of Parents and Senior Citizens Act?
Ans: Article 41 (Directive Principles of State Policy).
Q3. According to the recent SC judgment, when can a gift deed be cancelled by a Senior Citizen?
Ans: Only if the deed specifically contained a condition that the transferee must provide basic amenities/physical needs, and they failed to do so.
Q4. What is the definition of a "Senior Citizen" under the 2007 Act?
Ans: Any citizen of India who has attained the age of 60 years or above.
Q5. Who presides over the Maintenance Tribunal constituted under this Act?
Ans: An officer not below the rank of Sub-Divisional Officer (SDO) of a State.
Static GK Quick-Reference
| Term/Concept | Exam Relevance / Detail |
|---|---|
| MWPSC Act Year | Enacted in 2007 to support elderly parents and senior citizens. |
| Nodal Ministry | Ministry of Social Justice and Empowerment. |
| Section 19 | Mandates the establishment of at least one Old Age Home in every district. |
| Appellate Tribunal | Presided over by the District Magistrate (DM). |
| Punishment (Sec 24) | Abandonment of a senior citizen is punishable with imprisonment up to 3 months or fine up to ₹5,000. |
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