Transfers deed in Chandigarh must state parents will be taken care of
The Chandigarh Maintenance Tribunal has mandated that children must give an undertaking that they will take care of their parents before a property transfer deed is executed between them.
If the transferee (children or relatives or other person) fails to fulfil this clause, the tribunal may cancel the transfer deed.
For strict compliance, the tribunal has directed the sub-registrar, Chandigarh, to ensure that the mandatory condition is followed by the transferee.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, mandates that the transferee must provide basic amenities and physical needs to the transferor (parents).
Set up under this Act, the Chandigarh Maintenance Tribunal currently has more than 300 complaints by senior citizens pending before it. Most of these relate to property disputes, harassment by children and payment of maintenance.
Applications under the Act can be made to the tribunal by a senior citizen or any other authorised representative. The tribunal magistrates also can take suo motu cognisance of a matter.
Faith being flouted
The directions came after the tribunal observed that properties were transferred in good faith and with the verbal promise that they (transferee) will provide basic amenities and fulfil physical needs of the parents. But after the transfer deed was executed, they often failed to keep their promise.
Headed by additional deputy commissioner KPS Mahi, the tribunal stated, “As per Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, the tribunal is empowered with the power to declare such instrument of transfer or gift or otherwise as null and void wherein the condition is violated.”
“In good faith under the influence of the transferee and due to lack of knowledge about the above provision, the transferor executes the instrument without quoting the condition in the transfer instrument,” it added further.
Directions to sub-registrar
The tribunal has directed the sub-registrar that at the time of registration of instrument to transfer/gift deed, s/he must inform the transferor about the above provision of the Act. S/he must also ensure that the transferee has added the condition in the deed.
The sub-registrar has been told to fix a notice about this to create awareness among the public, and also educate document writers and advocates dealing in such property transfers.
“In Punjab, such property transfer deeds already must contain this provision. This was missing in Chandigarh. So, we decided to implement the provisions of the Act in this regard in letter and spirit,” said Mahi.