In Brief
A widow (respondent no.1) challenged release deeds executed in favor of her daughters under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, claiming they breached maintenance obligations. The lower Tribunal and High Court declared the deeds void. The Supreme Court held that Section 23(1) requires two conditions: (i) the transfer must be subject to a condition of providing basic amenities and physical needs, and (ii) the transferee must refuse or fail to provide them. Since respondent no.1 never pleaded or proved that the deeds contained such a condition, the Tribunal lacked jurisdiction. The Court set aside both orders, emphasizing that transfers out of love and affection do not carry implied maintenance conditions; their existence must be established through pleadings and evidence.
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