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2019 Supreme(Cal) 170

SABYASACHI BHATTACHARYYA
Mita Panda – Appellant
Versus
Minati Chakrabarty – Respondent


Advocates Appeared:
Ankit Agarwala, Adv., Alotriya Mukherjee, Adv., Hiranmoy Bhattacharya, Adv., Tanmoy Mukherjee, Adv., Kajal Roy, Adv.

JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. The present application under Article 227 of the Constitution of India has been preferred against an order whereby the Sub-Divisional Magistrate, Chandernagore declared a gift deed dated June 26, 2015, executed by the opposite party no. 1 Minati in favour of the petitioners, void in terms of Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as "the 2007 Act"), by accepting a deed of revocation filed by the opposite party no. 1 and granting 8 weeks to the petitioners to hand over the gifted property to the opposite party no. 1 after vacating their belongings, failing which they would have to be evicted.

2. The petitioner no. 1, namely Mita, is the younger (married) daughter of the opposite party no. 1, namely Minati, and the petitioner nos. 2 and 3 the husband and son, respectively, of the petitioner no. 1. During pendency of the revisional application, the opposite party no. 2 Indranil (son of the elder daughter of the opposite party no. 1) was added as a party on the strength of a gift deed executed by the opposite party no. 1 in favour of the opposite party no. 2 subsequent to the im































































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