N. V. ANJARIA, K. V. ARAVIND
K. LOKESH S/O LATE P. KRISHNA – Appellant
Versus
BANGALORE DISTRICT MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS APPELLATE TRIBUNAL, BENGALURU – Respondent
JUDGMENT :
K.V. ARAVIND, J.
1. Heard learned Senior Advocate Mr. Puttige R. Ramesh assisted by learned advocate Mr. A. Srikanth for the appellant, learned Government Advocate Mr. K.S. Harish for respondent Nos. 1 and 3 and learned advocate Mr. Ranganath Reddy for respondent No. 2.
2. This intra-court appeal under Section 4 of the Karnataka High Court Act, 1961, impugning the order in Writ Petition No. 3165 of 2024, dated 02.02.2024.
FACTS IN BRIEF
3. The brief facts leading to this appeal are that the appellant-writ petitioner is the son of late P. Krishna. Respondent No. 2 is his sibling. Late P. Krishna executed Gift Deed dated 27.02.2019 in favour of respondent No. 2. The property in question is a residential property bearing No. 28/1 in Sy. No. 17/3 situated at Subbanna Garden, Adugodi Corporation, Ward No. 70, Shanthinagar Ward, Bengaluru, measuring East to West 37’6” and North to South 40’. Late P. Krishna filed a petition under Sections 4, 5 and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short ‘Act’) before respondent No. 3-Assistant Commissioner, alleging fraudulent gift deed and denial of basic amenities by his son. The Assistant Commissione
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The right of appeal under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act is exclusively granted to senior citizens or parents, excluding transferees.
(1) Right of appeal – Section 16 of Senior Citizens Act, 2007 can be invoked only by senior citizen or a parent – Right of appeal under Section 16 of Act is not available to any other party including....
Point of law : To save a statute from being held ultra vires, the Court always has a power to read down a statutory provision. However, it is not permissible for the Court to add something to the sta....
A gift deed must explicitly include conditions for maintenance to be enforceable under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
The Maintenance Tribunal has the power and jurisdiction to declare the transfer of property by a senior citizen as void under the circumstances specified in Section 23 of the Maintenance and Welfare ....
The provisions of Section 23(1) of the Senior Citizens Act are not attracted if the transfer does not contain a stipulation for the transferee to provide basic amenities and physical needs to the tra....
The Senior Citizens Act mandates that children must ensure their parents lead a dignified life, and property transfers can be voided if basic amenities are not provided.
When a senior citizen parts with his or her property by executing a gift or a release or otherwise in favour of his or her near and dear ones, a condition of looking after the senior citizen is not n....
Transfer of property by senior citizens can only be annulled under specific conditions outlined in Section 23 of the Senior Citizens Act, and procedural compliance is essential for jurisdiction.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 does not apply to transactions before its enactment, requiring express conditions for nullifying gifts based on lack of maintenanc....
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