Answer Book question
Possibly, and without a civil court. Under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a transfer of property by a senior citizen made on the condition that the recipient will look after them can be declared void by the Maintenance Tribunal if the recipient then fails to do so. In Kerala the Tribunal is the Revenue Divisional Officer, with appeal to the District Collector; no lawyer is needed, there is no fee, and the Tribunal can also order monthly maintenance of up to ₹10,000 and direct an abusive child out of the parents' home. The strongest cases are those where the deed itself records the condition of care.
Possibly, and without a civil court. Under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a transfer of property by a senior citizen made on the condition that the recipient will look after them can be declared void by the Maintenance Tribunal if the recipient then fails to do so.
In Kerala the Tribunal is the Revenue Divisional Officer, with appeal to the District Collector; no lawyer is needed, there is no fee, and the Tribunal can also order monthly maintenance of up to ₹10,000 and direct an abusive child out of the parents' home. The strongest cases are those where the deed itself records the condition of care.
A widow in Pandalam signed a settlement deed in 2019 giving her house to her younger son, who then moved his family in and moved her to the outhouse. She petitions the RDO. The deed recites that the transfer is 'in consideration of love and affection and on the understanding that he will maintain me'. The Tribunal, after hearing both, declares the deed void and restores the property; the son's appeal to the Collector fails.
The Act gives parents and senior citizens a summary forum. Section 4–5: a parent unable to maintain himself can claim maintenance from children (sons and daughters equally) and, for childless seniors, from relatives who would inherit. Section 23(1): a transfer subject to a condition of care, where care is refused, is deemed made by fraud or undue influence and may be declared void at the transferor's option.
The Supreme Court in Sudesh Chhikara (2022) held that both elements must be shown: a transfer subject to the condition, and the failure; later decisions, including Urmila Dixit (2025), have read the Act liberally in the senior citizen's favour, and the Madras High Court has treated 'love and affection' as itself implying the condition. The Kerala High Court has in some cases insisted on an express or clearly implied condition, so the wording of the deed matters in Kerala.
The Kerala Maintenance and Welfare of Parents and Senior Citizens Rules designate the RDO/Sub-Collector as Tribunal and the Collector as Appellate Tribunal; conciliation is attempted first; the Tribunal is meant to decide within 90 days; maintenance orders are enforceable like a fine with imprisonment for default. Police are required to assist seniors under the rules.
The deed: does it mention maintenance, care, residence or 'love and affection'? Get a certified copy from the Sub-Registrar Evidence of neglect: dated messages, witnesses, medical bills unpaid, a note of who lives where Whether the property has since been sold or mortgaged to a third party (harder; Section 23(2) then matters) The parent's own means and the children's incomes, for the maintenance claim Whether conciliation through the Tribunal might restore the relationship before a void order
Signing a settlement deed now without a written condition. If you are a parent planning a transfer, put the obligation of maintenance and your right of residence in the deed, registered. It costs nothing and turns a hard case into an easy one. Also: assuming daughters are exempt; they are equally liable.
Kerala's RDOs handle these petitions regularly and the state has active Maintenance Tribunals in every revenue division; Pathanamthitta district's are at Adoor and Thiruvalla. Kerala courts have been stricter than some others about the condition being visible in the deed, which is exactly why the drafting advice above matters here. Parents of NRI children can claim maintenance from them; enforcement abroad is hard, but the order has weight.
House worth ₹60 lakh transferred in 2019. Petition filed 2025. Tribunal declares the deed void: title reverts to the parent, who may then will it as she chooses. Alternatively, the Tribunal orders ₹10,000 a month maintenance and a right of residence; the son keeps the title but must pay and must not evict.
A sale for full value is not reversible under Section 23. A transfer made before the Act came into force (2007) is outside it. If the property has gone to a bona fide buyer for value without notice, it cannot be recovered from the buyer, though maintenance can still be ordered. The Tribunal cannot decide complicated title disputes; those go to civil court.
Get a certified copy of the deed and read the recitals File a petition with the RDO (Maintenance Tribunal) of the revenue division; a simple letter with documents suffices Parents planning a transfer: insist on a registered maintenance-and-residence clause
Can my parents get a monthly income from their house without selling it? Should property be transferred to children while parents are alive? (Vol 1)
Property & family (lawyer referral)
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Sections 4, 5, 9, 23; Kerala Rules, 2009 · Supreme Court, Sudesh Chhikara v Ramti Devi (2022); Urmila Dixit v Sunil Sharan Dixit (2025) · Kerala High Court decisions on Section 23 (condition in deed) Last checked: 22 August 2026. Rates, limits and whether you may qualify change. Confirm with the official source before you act. Ask Kerala Rising: Use only general, non-identifying facts.
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This page is general orientation, not personal insurance, investment, medical, legal, lending, tax, employment, or professional advice. Rules, rates, deadlines, and decisions can change. Confirm the current position with the named official source and use a licensed or qualified professional where your situation requires one. Kerala Rising does not decide whether you may qualify, approve claims, or promise an outcome.