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2024 Supreme(Bom) 405

SANDEEP V. MARNE
Priya Sameer Holkar – Appellant
Versus
Deputy Collector (Gad), Mumbai City, Mumbai – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr. Sanjiv Sawant a/w Mr. Heramb Kadam i/b Mr. Aditya Andhorikar, Ms. Trupti A. Bharadi
For the Respondent: Mrs. Jyoti Chavan, Addl. GP a/w Ms. Nazia Sheikh, AGP, Ms. Trupti A. Bharadi, Mr. D. S. Hatle a/w Mr. Mandar Surve

JUDGMENT :

1. Petition raises an issue as to whether a gift of property made in the name of son by senior citizens can be revoked by the Maintenance Tribunal after son’s death in proceedings filed against the daughter-in-law. Also raised is an issue about responsibility of daughter-in-law to maintain the senior citizens and whether the daughter-in-law can be directed by the Tribunal to pay maintenance to her parents-in-law.

2. Issues arise on account of challenge set up by Petitioner, who is daughter-in-law of Respondent Nos. 3 and 4, to the Order dated 9 March 2018 passed by the Maintenance Tribunal constituted under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 (Senior Citizens Act). By its Order, the Maintenance Tribunal has directed Petitioner to pay maintenance at the rate of Rs.10,000/- per month in respect of two senior citizens from 27 December 2016 and has also set aside the Gift Deeds dated 18 November 2013 and 7 February 2014 under provisions of Section 23 of the Senior Citizens Act, directing her to hand over possession of properties covered by the said two Gift Deeds to the senior citizens within 30 days.

3. Petitioner is the daught

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