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IN THE HIGH COURT OF DELHI AT NEW DELHI
SACHIN DATTA
Tajinder Singh Bakshi – Appellant
Versus
Daljit Kaur – Respondent
JUDGMENT :
SACHIN DATTA, J.
CAV 416/2023
1. Leaned counsel for the respondent no.1 has already entered appearance.
2. Accordingly, the caveat stands discharged.
W.P.(C) 10854/2023
3. The present petition has been filed by the petitioners assailing an order dated 26.07.2023 (hereinafter ‘the impugned order’) passed by the District Magistrate West, Government of NCT Delhi in Appeal No. (678)/DCW/2022, whereby, the appeal filed by the respondent no.1 under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter ‘the Senior Citizens Act’) assailing order dated 20.12.2019 passed by the Maintenance Tribunal under Section 23 of the Senior Citizens Act, has been allowed and directions have been issued to the Sub-Registrar IIB, Janakpuri, to cancel the registration of the gift deed dated 05.05.2015 bearing Registration No. 5955 in Book No. 1, Vol. No. 562 on page no. 1 to 8, by which, four floors in the property bearing no. WZ-406/3 Plot No. 49 Janak Park Hari Nagar Ghanta Ghar, New Delhi (hereinafter ‘the subject property’) were gifted in favour of the petitioner no.2 by respondent no.1.
4. The respondent no.1 is a senior citizen aged around 88 years and
Transfers made by senior citizens may be declared void under the Senior Citizens Act if they imply conditions of care and amenities, even if not explicitly stated in the document.
When a senior citizen parts with his or her property by executing a gift or a release or otherwise in favour of his or her near and dear ones, a condition of looking after the senior citizen is not n....
The Senior Citizens Act allows for implied conditions of maintenance in settlement deeds, ensuring protection for senior citizens even without explicit terms.
The provisions of Section 23(1) of the Senior Citizens Act are not attracted if the transfer does not contain a stipulation for the transferee to provide basic amenities and physical needs to the tra....
The Senior Citizens Act allows annulment of property transfers if the transferee neglects to provide care, even without explicit conditions in the deed.
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 existence of a condition for providing basic amenities to a senior citizen must be established for the Maintenance Tribunal to exercise jurisdiction under Section 23(1) of the Senior Citizens Act....
Senior Citizens Act enables annulment of property transfers made under coercion if the transferee fails to provide essential care, emphasizing the right to a dignified life.
The Senior Citizens Act allows for the annulment of property transfers by senior citizens if not provided basic care, recognizing emotional support as implied condition for dignity and security.
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