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2025 Supreme(AP) 1429

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. SREENIVASA REDDY, J
Chirumamilla Nagarani, D/O China Venkaiah, W/O Gundapuneni Ramesh – Appellant 
Versus 
The state of andhra pradesh, rep. By its principal secretary, department for women, Children – Respondent 
WRIT PETITION NO: 5668 of 2020
Decided on : 15-10-2025

Act Referred

MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT : S.23, S.23(1), S.4, S.4(1), S.5(3)

Advocates Appeared:
For the Appellant : VENKATA DURGA RAO ANANTHA
For the Respondent: 1.GP FOR REVENUE (AP) 2.GP FOR REGISTRATION AND STAMPS (AP)
3.GP FOR WOMEN DEV CHILD WELFARE(AP) 4.M V SUBBA REDDY

ORDER :

K SREENIVASA REDDY, J.

1. This Writ Petition is filed seeking the following relief:

“to issue a writ, direction, order or orders more particulars one in the nature of Writ of Certiorari to call for the records of 3rd respondent in its Order, dated 18.01.2020 and quash the same and consequently declare the action of 6th respondent in registering unilateral cancellation of Gift Deed under Document No.977/2020, dated 28.01.2020 executed by 7th respondent at the instance of 3rd respondent, as illegal, arbitrary and unconstitutional and set-aside the registration of Document No.977/2020, dated 28.01.2020 executed by 7th respondent registered before 6th respondent.”

2. Contents of the affidavit filed by the Writ Petitioner in support of the Writ Petition, in brief, are that, one late Peda Venkaiah and 7th respondent are wife and husband, and he was the senior paternal uncle of petitioner; that they were not blessed with children out of their wedlock; that the husband of 7th respondent and father of petitioner acquired several ancestral properties; that subsequent to death of Peda Venkaiah, all the ancestral properties that fell to the share of deceased Peda Venkaiah were devolved on 7th respondent as 7th respondent has no children, petitioner has been looking after her care and welfare, since the demise of her husband.

(b) Respondent No.7 executed a Registered Gift Deed vide Document No.2214/2018, dated 14.05.2018 in favour of petitioner, conveying an extent of Ac.9.69 cents situated in different door numbers of Oppicherla village, Karampudi Mandal, Guntur District and it was incorporated therein that the possession of the schedule property was delivered to the petitioner on the date of execution of the said Gift Deed and the name of petitioner was mutated in the revenue records.

(c) When the petitioner went to USA to pursue her employment, and in her absence, petitioner’s father was taking care of all the needs of 7th respondent, but, with the active ill- influence of somebody, 7th respondent filed an application before 3rd respondent under Section 4 (1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for brevity ‘the Act, 2007’) alleging that she conveyed an extent of Ac.9.69 cents in favour of petitioner, with a belief that the petitioner would look after her welfare in her old age, but, as she failed to see her welfare and kept her alone, 7th respondent sought for cancellation of Registered Gift Deed vide Document No.2214/2018, dated 14.05.2018, but in the said application, petitioner could not file counter; that the notices got issued by 7th respondent to the petitioner in the said application, were not at all served on the petitioner and fraudulent endorsement was obtained and got returned the said notices; that the petitioner was not given fair opportunity to dispute the allegation made by 7th respondent and that, the proceeding initiated by 3rd respondent in conducting inquiry, was not in accordance with Section 5 (3) of the Act, 2007.

(d) 3rd respondent vide Order, dated 18.01.2020 cancelled the Registered Gift Deed No.2214/2018, dated 14.05.2018 and the said order is beyond the ambit of Section 23 (1) of the Act, 2007, as it was passed on the ground that the petitioner did not look after the welfare of 7th respondent; that even though there is no such condition in the Registered Gift Deed, the petitioner was discharging her obligation; that 7th respondent could not establish the failure of petitioner in providing any sort of amenities and as such, the finding of 7th respondent in cancelling impugned document, is untenable. Subsequent to passing of impugned Order, 7th respondent approached 6th respondent and executed Revocation Deed vide Document No.977/2020, dated 28.01.2020 to the Registered Gift Deed vide Document No.2214/2018, dated 14.05.2018; that in the said impugned Deed, 7th respondent contradicted her own intention that though she executed Registered Gift Deed in favour of petitioner, 7th

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