Gift Deed By Senior Citizen Revocable if basic needs not provided

A division bench of the Kerala High Court has held that a gift deed made by a senior citizen can be revoked for not providing the basic amenities even if there is no specific clause in the transfer deed to provide for the senior citizen’s welfare. The bench comprising Justice Mohan M. Shantanagoudar and Justice Antony Dominic was hearing a writ appeal wherein according to the petitioner, in the absence of a specific reservation made in the settlement deed, providing for the conditions subject to which the transfer was made, an application invoking the power under Section 23 was not maintainable.

Article referred: http://www.livelaw.in/gift-deed-senior-citizen-revocable-even-doesnt-bear-dedicated-welfare-clause-kerala-hc/

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Partition proceedings are vitiated even if single co-sharer is not made party or is not served in accordance with law

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