“…the obligation on the persons inheriting the property of their aged relatives to maintain such aged relatives is confined only in respect of transfers effected after the commencement of the Act and thus affords the benefit to the senior citizens who transfer the property after the commencement of the Act, whereas similarly situated senior citizens who had effected transfer of their property to their wards (with identical conditions of maintenance) and who have been deserted by the transferees, are denied this valuable benefit of having the transfer declared as void,” the plea argued.
It further said that the term “after commencement of the Act” created an artificial division which leads to discrimination amongst similarly situated persons and, therefore, goes against the provisions of the Constitution as well as the object of the Act.
Source: Barandbench
