The Madurai Bench of the Madras High Court has directed the state government to give wide publicity and awareness about the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Madurai Bench of the Madras High Court directed the State government to create awareness of protection available to senior citizens in terms of their life and property.
A division bench of Justices S. Vimala and T. Krishnavalli observed that senior citizens, who transfer their property by way of gift with the condition that the transferee should provide basic amenities, and if not complied with , such a transfer could be deemed to be obtained through fraud, coercion or undue influence if the transferee failed to fulfill the condition. The Maintenance Tribunal established to provide effective and speedy relief to elderly persons could declare such a transfer as void, the court said.
The court further observed that before the commencement of the Act, a parent could only approach the court for maintenance from the children. But now, under the provision of the Act, a senior citizen could reclaim his property from the transferee Under Section 21 of the Act, the State government should give wide publicity to the provision through public media at regular intervals. Periodic sensitisation and awareness should be created by the State and the Central governments and a periodical review done, said the court.