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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ
Krishnaveni, W/o. P. Nagarajachar – Appellant
Versus
Chairman, Tribunal of Maintenance And Welfare of Parents And Senior Citizens And Assistant Commissioner, Bengaluru – Respondent
ORDER :
(SURAJ GOVINDARAJ, J.)
1. The Petitioner- Senior Citizen in WP No.4280/2024 is before this Court seeking the following reliefs :
a. Issue a writ of certiorari, setting aside the impugned order pertaining to the direction to R2 and R3 to accommodate petitioner in the subject property i.e., schedule property No.2, within 30 days from the date of the order passed by the respondent no.1 on 29.01.2020, in Misc.Cr.106/2018-19 vide Annexure- E.
b. Issue a writ of mandamus directing the R2 and 3 to hand over/ give possession of the subject property i.e., schedule property No.2 to the petitioner with immediate effect.
c. Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity.
2. The Petitioners in WP No.11886/2021 are before this Court seeking the following reliefs :
d. Issue a writ in the nature of certiorari to quash the order dated 29.01.2020 in proceedings No. MSC.CR.106/2018-19 passed by the R1 vide Annexure-D
e. Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity.
3. Facts in WP No.4280 of 2024 :
3.1. Petitioner No.1 in WP No.11886 of 2021 is the Son
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....
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 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.
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 love and affection between the parent and the child is an implied condition in the Settlement Deed and any violation of this condition would amount to fraud, coercion or undue influence, thus att....
The court affirmed that maintenance obligations for senior citizens may arise from circumstances surrounding a gift deed, even if not explicitly stated, emphasizing the Act's protective intent.
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