JUDGMENT :

1. Challenge in this Petition is to the order dated 12 April 2022 passed by the Designated Officer of the Maintenance Tribunal constituted under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as for short “Senior Citizens Act, 2007”). Respondent No.1- Mother had filed an application under Sections 4, 5 and 23 of the Senior Citizens Act, 2007 against Petitioners, who are her younger son and daughter-in-law, broadly seeking four reliefs of revocation of two Gift Deeds, eviction of Petitioners from properties sought to be gifted, access to the Mother to bungalow and grant of monthly maintenance and medical expenses. The elder brother Avinash was impleaded as Respondent No.3 to the application. By the order impugned in the present Petition, the Tribunal has rejected the prayer for maintenance and medical expenditure. The prayer for eviction of Petitioners is also not granted. The Tribunal has however declared both the Gift Deeds dated 18 May 2017 as null and void. The Tribunal has also granted access to Respondent No.1 - Mother in the bungalow. The Tribunal has passed further orders restraining the Petitioners from causing mental and physical harassment to Mother and has further directed that failure to comply with the Tribunal's directions would entail registration of complaints with police station.

2. Petitioners are not aggrieved by the direction issued by the Tribunal granting access to the Mother in the bunglow ‘Avi-n-Ash’. They are however aggrieved by cancellation of two Gift Deeds dated 18 May 2017 and also by other incidental orders prohibiting them from causing mental and physical harassment and threats of registration of police complaint.

3. Before adverting to the submissions canvassed by the learned counsels for the parties, a brief narration of facts, as a prologue to the Judgment would be necessary. Khater family consisted of late Bharat Khater-Father, Mrs. Urvashi Khater-Mother (first Respondent), Mr. Avinash Khater-elder son (second Respondent) and Mr. Ashwin Khateryounger son (first Petitioner). Mrs. Ruchi Avinash Khater, second Petitioner, is the wife of younger son- Ashwin.

4. It is Petitioners' case that during lifetime of father – Bharat Khater, there were disputes between father and elder son Avinash, who is apparently unmarried. That a Deed of Family Settlement was executed on 9 January 2015, under which Avinash separated from Khater Family and was given a one-time settlement in the form of properties and liabilities described in various annexures to the Deed.

5. In November - 2016, Father - Bharat Khater fell ill and was eventually diagnosed with liver cancer. Petitioners claim that on 18 November 2016, Father–Bharat Khater executed a Will appointing Ashwin as sole executor and beneficiary of his estate, providing Mother with life interest in immovable assets and disentitling Avinash from any share in the estate. On the same day, Mother also executed and registered her Will. On 5 December 2016 a Power of Attorney was executed by Mother in favour of Ashwin empowering him to execute Gift Deeds or Partition Deeds or Rectification Deeds in relation to certain properties. On 10 December 2016, Father-Bharat Khater passed away. Ashwin filed Probate Petition of Father’s Will and it is claimed that both Mother as well as Avinash filed consent Affidavits in the Probate Petition.

6. On 17 May 2017, two Gift Deeds were executed by the first Respondent -Mother in favour of Ashwin transferring her share in Bharat Bhavan properties as well as Flat No.11 at Vienna Building in favour of Ashwin. It appears that on 29 May 2018, a further Memorandum of Understanding was executed between Ashwin, Mother and Avinash, under which further settlement of properties took place between Ashwin and Avinash.

7. It is pleaded in the Petition that in September - 2018, Respondent No.1-Mother informed Petitioners that her Mother, who was residing at Peddar Road, had fallen