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2018 DIGILAW 154 (KER)

MAROLI SANTHA W/O. LATE SANKU v. REVENUE DIVISIONAL OFFICER THALASSERY

2018-02-16

A.MUHAMED MUSTAQUE

body2018
JUDGMENT : The petitioner is a senior citizen. She approached the Maintenance Tribunal, Thalassery for the return of Rs.9,60,807/- given to her son, the second respondent herein. According to her, this amount was given by her to the second respondent on an assurance that he will look after her. The petitioner states that after obtaining the money from her, the second respondent never cared to look after her. The petitioner’s case is that her application will have to be treated as one coming under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, the 'Act'). The Tribunal, taking note of the fact that the petitioner is a recipient of family pension, without adverting to the scope and ambit of interference invoking Section 23 of the Act closed the petition filed by the petitioner. This order is challenged in this writ petition. 2. Section 23 of the Act gives ample power to the Tribunal to revoke the transfer of property if it is found that the transferee failed to honour the commitment made while effecting transfer to the extent of providing amenities and basic physical needs to the senior citizen, who is the transferor of such property. 3. 'Property' is defined under Section 2(f) of the Act as follows: “'Property' means property of any kind, whether movable or immovable, ancestral or self acquired, tangible or intangible and includes rights or interests in such property.” 4. 'Property' as referred under Section 2(f) of the Act would include movable or immovable, ancestral or self acquired, tangible or intangible. In Black's Law Dictionary, while defining 'property', reference has been made to 'personal property'. This reference shows that personal property includes money like, goods and chattels (see Black's Law Dictionary Sixth Edition). In Stroud's Judicial Dictionary of Words and Phrases (Seventh Edition), 'property' 'is treated as a generic term for all that a person has dominion over and its two main divisions are real and personal. In Encyclopaedic Law Lexicon, 'property' has been referred as aggregate of rights, which are guaranteed and protected by law. The definition of property under Section 2(f) of the Act takes in all kinds of interest one would have in a transferable thing be tangible or intangible. In Encyclopaedic Law Lexicon, 'property' has been referred as aggregate of rights, which are guaranteed and protected by law. The definition of property under Section 2(f) of the Act takes in all kinds of interest one would have in a transferable thing be tangible or intangible. Therefore, anything in which one is having interest and capable of being transferred to another would fall within the meaning of 'property' as defined under Section 2(f) of the Act. Essential elements, therefore, are 'interest' and 'transferability' of such interest. If both the elements are satisfied, all kinds of things would attract the definition of 'property' under Section 2(f) of the Act. Therefore, if money is transferred to another on a condition that the transferee on its transfer would provide basic amenities and physical needs to the transferor, such transfer is attracted for the purpose of action under Section 23 of the Act. 5. The intent and purpose of the Act is to protect the life and property of the senior citizen. A senior citizen on account of emotional fallibility is vulnerable to the overtures made to them and, with the hope that he or she will be taken care, transfers his/her property to others. It is to protect the senior citizen against the deceitful act of a person, Section 23 was incorporated. Therefore, the expression 'property' embraces wider meaning to include anything which has material value and capable of being given away to others. Therefore, all that can have a material value and capable to be transferred would fall within the meaning of property as referred under Sections 2(f) and 23 of the Act. 6. Thus, this Court is of the view that the impugned order has to be set aside for reconsideration of the matter by the Tribunal afresh under Section 23 of the Act. The writ petition is allowed. It is made clear that it is for the Tribunal to satisfy whether the transfer, if any, made by the petitioner to the second respondent would attract the provisions of Section 23 of the Act or not. The Tribunal shall dispose of the matter as expeditiously as possible, at any rate, within two months from the date of appearance of parties. The parties are directed to appear before the Tribunal on 27.03.2018. No costs.