In a closely followed case from the capital, the Delhi High Court has upheld the decision to cancel a gift deed executed by an 88-year-old woman in favour of her daughter-in-law. The division bench, led by Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, ruled on 26 September 2025 that such transfers, though often made out of love and affection, carry an implied expectation of care.
Background
The dispute began when the elderly woman, after gifting her Janakpuri property to her daughter-in-law in 2015, alleged neglect and even mistreatment. She approached the Maintenance Tribunal under the Senior Citizens Act, 2007, seeking cancellation of the deed.
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The Tribunal initially rejected her plea in 2019 but asked police to ensure her safety. Dissatisfied, she appealed to the District Magistrate, who in 2023 reversed the Tribunal’s order and directed cancellation of the deed. That decision was later challenged by the daughter-in-law through a writ petition, which too was dismissed. The present appeal was against that dismissal.
Court's Observations
The appellant's lawyer pressed the argument that under Section 23 of the Senior Citizens Act, a transfer can only be annulled if the gift deed explicitly mentions that the donee will provide basic needs, and that such condition was absent here. Reliance was placed on earlier Supreme Court rulings stressing strict interpretation of statutes.
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But the bench took a wider view. Referring to recent judgments from the Supreme Court, Bombay High Court, and Madras High Court, it noted that the law’s purpose is to protect elders from being left destitute.
"Love and affection is itself an implied condition," the judges remarked, emphasising that elderly parents or in-laws gift property not as business transactions but with the trust that they will be looked after.
The court examined letters the octogenarian had written as far back as 2015, where she complained of being denied medicines, clothes, even dentures. In one letter, she expressed fear for her life, alleging she was threatened with confinement.
The bench observed,
"The handwritten letters clearly establish the circumstances under which the deed was executed and how neglect followed immediately after. Such material cannot be brushed aside."
Decision
After weighing the arguments, the division bench dismissed the appeal. The court concluded that the District Magistrate had rightly invoked Section 23 of the Senior Citizens Act to cancel the deed, and the single judge’s order upholding that decision required no interference.
In effect, the gift deed of 2015 stands cancelled, restoring ownership to the elderly woman. The bench ended on a firm note:
"We find ourselves in complete agreement with the single judge. The appeal fails."
Case Title: Smt. Varinder Kaur v. Smt. Daljit Kaur & Ors.
