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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Ramkishna Pandey S/o Late Shivprasad Pandey – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. The petitioners, by way of the present writ petition, have assailed the order dated 27.12.2024 passed by the learned Appellate Tribunal Collector, Bilaspur constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 in Appeal No. 01/B-121/2024-25, whereby the appeal preferred by the petitioners was dismissed and the order dated 12.09.2024 passed by the Maintenance Tribunal-cum-SDO(R), Bilaspur in Case No. 202403072400473/B-121/2023-24 was affirmed. By the said order, the Gift Deed executed by respondents No. 2 in favour of the petitioner No.1 was declared as null and void, and the petitioners were directed to vacate the disputed premises.
2. This Court while granting interim relief to the petitioners on 07.01.2025 has directed the matter to be sent for mediation, pursuant thereto, the mediation centre of the High Court has conducted mediation and sent failure report dated 05.02.2025. Therefore, matter was heard on merits.
3. The brief facts as reflected from the records are that the respondents No. 2 and 3 filed an application under Sections 5 and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter ‘the Act, 200
A gift deed can be declared void under Section 23 of the Act if implied conditions of care for the transferor are unmet, emphasizing the legislature's focus on the welfare of senior citizens.
The obligation to maintain senior citizens can be inferred from circumstances, justifying cancellation of a gift deed when neglect and harassment are established.
Act of 2007 was enacted with object of maintaining and protecting interests of aged parents/senior citizens.
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.
Transfer of property from senior citizens may be declared void if involuntary under undue influence, neglect by transferee violates conditions for maintenance, per the Act.
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.
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