Alok Aradhe, J.

Mr. S.N. Bhat, learned counsel for the petitioner.

Mr. Rajashekhara Seeri, learned counsel for caveator/respondent Nos.2 and 3.

Mr.Vijay Kumar A. Patil, learned Additional Government Advocate for respondent No.1.

2. This writ petition is admitted for hearing. With consent of the parties, the same is heard finally.

3. On admitted facts, pure questions of law arise for consideration in this writ petition viz.,

(i) Whether a claim for eviction of children from the property is maintainable under Section 4 read with Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, (hereinafter referred to as 'the Act' for short) when the children have been permitted to stay in the property belonging to the senior citizen and

(ii) If the children have been permitted to stay in the property belonging to the senior citizen the same would be covered under the expression transfer of the property' as defined under Section 23 of the Act?

4. The background facts leading to filing of the writ petition briefly stated are that respondent Nos. 2 and 3 are the parents of the petitioner. The aforesaid respondents filed a petition under Section 5 read with Section 2