JUDGMENT

S.J. Vazifdar, Chief Justice. - The learned Single Judge of this Court by an order dated 02.06.2017 referred the matter to the Chief Justice for constituting a Division Bench for the determination of the following questions or any other questions arising in the context thereof:-

i) Whether the judgment in Jagmeet Kaur Pannu v. Ranjit Kaur Pannu which lays down that a gift deed executed by a senior citizen in favour of his/ her son/ daughter would be irrevocable as per provisions of Section 126 of the Transfer of Property Act whereas Section 3 of the Maintenance Act specifically contains a non-obstante clause and provides that the provisions of the Maintenance Act will have an overriding effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act is a good law?

ii) Whether a senior citizen will be debarred from seeking relief under Section 23 of the Maintenance Act in case a senior citizen has transferred his/ her property to any of his / her relatives/ children out of love and affection in case the transfer deed does not specifically provide a conditio