Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MUNNURI LAXMAN, J
SUNIL GODARA – Appellant
Versus
KAMLA – Respondent
Order :
1. The challenge in the present writ petition is against the order dated 23.01.2023 passed by the Sub-Divisional Officer, Jodhpur who is the competent authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as ‘the Act of 2007’). The said order was passed on the application of the respondent - senior citizen who is the mother of the petitioner. In the said application filed by the respondent – senior citizen before the special authority, two prayers were sought. One prayer was for seeking fixation of a monthly maintenance and the second prayer sought was to set aside the gift deed dated 10.10.2014 executed by the respondent – senior citizen in favour of the petitioner – son. The petition was filed on the ground that the application for maintenance and setting aside of the gift deed was filed on the premise that the petitioner who is living in Canada is not taking care of the respondent – senior citizen. In the said circumstance, he became destitute and as such filed the application for maintenance. In response to such application, the petitioner herein filed a reply undertaking to maintain the respondent – senior citize
The court emphasized that a gift deed should not be set aside if the obligated party agrees to provide maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
The statutory conditions under Section 23 of the Act do not require explicit inclusion in the gift deed, and forums must allow evidence to support claims regarding maintenance.
Act of 2007 was enacted with object of maintaining and protecting interests of aged parents/senior citizens.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
