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IN THE HIGH COURT OF PUNJAB AND HARYANA
Paramjeet Singh, J.
Vinod Anand – Appellant
Vs.
Deputy Commissioner-Cum-Appellate Tribunal & Others – Respondents
C.W.P. No. 24252 of 2014 (O&M)
Decided On : 23-09-2015
Maintenance of Parents - Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 - 23(1), 23(2), 23(3)
Fact of the Case:
The petitioner, a senior citizen, filed a petition under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking to declare a transfer deed as illegal and void due to fraud, coercion, and undue influence. The transfer deed was executed in favor of the respondent, who had allegedly harassed and threatened the petitioner and her husband.
Finding of the Court:
The court found that the transfer appeared to be the result of a threat to commit suicide by the respondent, which constituted fraud and undue influence. The court set aside the impugned orders and remanded the case for a fresh decision, allowing the parties to lead evidence by way of affidavits.
Issues: The issues revolved around the validity of the transfer deed under Section 23 of the Act, the alleged harassment and threats by the respondent, and the jurisdiction of the Maintenance Tribunal to declare the transfer void.
Ratio Decidendi: The court applied Section 23(1) of the Act, which deems a transfer of property by a senior citizen to be void if the transferee refuses to provide basic amenities and physical needs. The court also relied on the principle that fraud vitiates all proceedings and vests no right in anybody.
Final Decision: The court set aside the impugned orders and remanded the case to the Collector-cum-Sub Divisional Magistrate for a fresh decision, allowing the parties to lead evidence by way of affidavits.
Paramjeet Singh, J.
The present writ petition is second round of an avoidable and unfortunate litigation between mother, son, daughter-in-law and others. The petitioner - mother filed a petition before the Tribunal under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the "Act"). The same has been dismissed by respondent No. 2 - Sub Divisional Magistrate, Ludhiana (West) vide order dated 10.10.2012 (Annexure P/5) and appeal preferred by the petitioner has also been dismissed by the Deputy Commissioner - cum - Appellate Authority, Ludhiana vide order dated 15.10.2014 (Annexure P/11) and prayer has been made for setting aside the impugned orders and to allow the petition dated 22.07.2011 (Annexure P-1/A).
2. I had the occasion to deal with almost the identical dispute in Ashwinder Singh Vs. Bhagwant Singh, (2014) 175 PLR 686. It would be apposite to reproduce relevant paragraph:-
"This unfortunate regular second appeal is a poignant reminder of decaying social values and traditions in our country. The case is telltale story of how children have become detached in today's commercialized world and are making attempts to throw out their aged parents from the property which the parents have acquired during their lifetime. It is perfect example of children becoming insensate towards parents/senior citizens.
"Maatru Devo Bhava" (revere your mother as God) and "Pitro Devo Bhava" (revere your father as God) is a well-known proverb.
2. On page 1200 of Sri Guru Granth Sahib, Sri Guru Ram Dass has written that "KAAHAY POOT JHAGRAT HA-O SANG BAAP/JIN KAY JANAY BADEERAY TUM HA-O TIN SIO JHAGRAT PAAP//" (O son, why do you argue with your father? It is a sin to argue with the one who fathered you and raised you.).
3. The above words of prudence guide us that we have to treat our parents as God. Modernization, technological advancement and social liability have changed our life-style and values. Sadly, our bent of mind and responsibility towards parents has degenerated. We have forgotten about Sharavan Kumar, who placed his blind parents in two baskets and carried the baskets on his shoulder to various places of pilgrimage. We have also forgotten the duties of a son towards aged parents. We have completely given up our ancient traditions when parents were most revered and respected."
Concept of Family in Indian context
3. Family has been the dominating institution, both in the life of the individual and in the life of society. Our children will always be our children. The parents believe that life is trial and error exercise. Even though parents do all right things for children specifically adult children and their family, many a times, this results into tearing break ups which is very anguishing for the parents. This happens when tension rises beyond bearable level. In such circumstances, can there be any good reason to keep cause of trouble under the same roof? At this stage, there is need of a trained therapist practicing in the area.
4. Introspection by everyone can be helpful to a great extent to settle the differences. Parents and children should think calmly and not on the basis of pure emotion before drawing a line in the sand, one should be fully convinced that his/her actions are not based on anger or fear, only then parents should ask politely but firmly to pack things and leave the house.
Facts of the case
5. Brief facts of the case are that petitioner filed petition under Section 23 of the Act for declaring the transfer deed/tabdeel malkiyatnama dated 24.04.2009 bearing vasika No. 775 dated 24.04.2009 executed by the petitioner in favour of respondent No. 3 - Sumesh Anand, as illegal, null and void on the ground that it is the result of fraud, undue influence, misrepresentation and also for declaring that the petitioner would continue to remain owner of the property in question and also restraining respondent No. 3 from alienating/selling or disposing of or creating any
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