Non-Mentioning Of Maintenance Condition In Gift Deed Does Not Relieve Donee From Duty To Maintain Senior Citizen Donor: Telangana High Court

The High Court was hearing a writ petition challenging the cancellation of a registered gift deed executed by a grandfather in favour of his grandson, which was annulled by the appellate authority on the ground that the donee failed to maintain the senior citizen as required under the Act.

A Bench comprising Justice Pulla Karthik held that “mere non-mentioning of a condition in the gift deed to maintain the executor does not absolve the petitioner from performing his duty to maintain the respondent to keep the gift deed in force.”

Advocate C. Hari Preeth appeared for the petitioner, while Additional Advocate General Mohammed Imran Khan and Advocate N. Vashishta Venkateswarlu appeared for the respondents.

Background

The petitioner challenged the order of the District Collector cancelling the gift deed executed by his grandfather in his favour. The cancellation was sought under Section 23 of the Act on the ground that the petitioner, after obtaining ownership of the property, had failed to provide maintenance and care to the donor.

The petitioner contended that the gift deed did not contain any express condition of maintenance and therefore could not be annulled under the Act, arguing that the authorities had acted beyond their jurisdiction and that he had developed the property using his own funds and loans.

The respondent (donor), however, submitted that the transfer of property was made solely based on the petitioner’s promise to maintain him and that the gift was executed under emotional dependency and trust. It was contended that after receiving the property, the petitioner neglected the donor, compelling him to seek cancellation under the Act.

Court’s Observation

The Telangana High Court referred extensively to several judicial precedents interpreting Section 23(1) of the Act, which allows for the cancellation of the transfer of property made by senior citizens where the transferee fails to provide for their basic needs.

Relying on the Supreme Court’s decision in Urmila Dixit v. Sunil Sharan Dixit (2025), the Court noted that “express condition in the deed may not be required and non-maintenance of a senior citizen per se would result in invoking the implied condition for which such gift or settlement deed has been executed by the senior citizen out of love and affection.”

The Bench further relied on the Kerala High Court’s ruling in Radhamani v. State of Kerala (2015), which clarified that the condition of maintenance under Section 23 of the Act could be “either express or implied” and that the conduct of the donee must be considered to determine whether the donor’s expectations of care and support were met.

Applying these principles, the Telangana High Court held that the petitioner’s claim that the absence of an express condition of maintenance rendered the cancellation invalid could not be sustained. It was observed that the gift deed was executed out of love and affection and carried with it an implied duty of maintenance, breach of which justified cancellation.

The Court also distinguished the petitioner’s reliance on Sudesh Chhikara v. Ramti Devi (2024), observing that in that case, there was no allegation of non-maintenance, whereas in the present case, such a grievance was specifically raised by the senior citizen.

Additionally, the Court found that the petitioner had misled the Sub-Registrar by submitting an edited version of a High Court order in earlier proceedings, an act which the Court described as “playing fraud and misleading the authorities.”

Conclusion

Holding that the petitioner failed to fulfil his implied obligation under Section 23 of the Act, the Court upheld the cancellation of the gift deed and dismissed the writ petition.

Cause Title: C. Srinivas v. The State of Telangana & Others

Appearances

Petitioner: Advocate C. Hari Preeth

Respondents: Additional Advocate General Mohammed Imran Khan; Advocate N. Vashishta Venkateswarlu

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