Protection of life and property of Senior citizen
If a senior
citizen after the commencement of this Act, has transferred his property either
moveable or immovable, by way of gift or otherwise, subject to the condition
that the transferee shall provide him basic amenities and physical needs and
thereafter such transferee reuses or fails to provide such promise, such
transfer of property shall be deemed to have been made by fraud, coercion or
undue influence and the Tribunal can declare such transfer as void.
Before
the enactment of this law, a senior citizen's only remedy in such a case was to
approach the court for maintenance from the children to whom he had given the
property by way of gift or otherwise and such property would be the exclusive
property of the transferee and the senior citizen had no right in such
property. But after the enactment of this Act, a senior citizen can reclaim his
property from the transferee. The concerned police personnel will also
ensure priority in dealing with these types of cases. Representation by
lawyers are prohibited under section 17 of this Act. However the Hon'ble Kerala
High Court held that legal practitioners also could represent cases under this
Act.
Abandoning a
senior citizen in any place by a person who is having the care or protection of
such senior citizen is a criminal offence and such person shall be punishable
with imprisonment for a term which may extend to three months or fine which may
extend to five thousand rupees or both.
This
Act also provides that state governments may establish old age homes at least
one in one district to accommodate indigent senior citizens. State governments
may also ensure proper medical care for senior citizens.
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