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2023 Supreme(P&H) 658

JAISHREE THAKUR, SUKHVINDER KAUR
Gurdeep Singh – Appellant
Versus
Sub Divisional Magistrate-cum-Presiding Officer – Respondent


Advocates appeared:
Mr. G.S. Punia, Sr. Advocate with Ms. Jagriti Kalia, Advocate for the appellants.
Mr. Ramandeep Singh Pandher, Sr. DAG, Punjab.
Mr. B.S. Khehar, Advocate for respondent No.2.
Mr. Deepak Aggarwal, Advocate for respondent 2 (ii).

SUKHVINDER KAUR, J.

This Letters Patent Appeal is preferred against the order dated 29.11.2017 passed by learned Single Judge in CWP-13121-2016 whereby learned Single Judge upheld the decision of the Tribunal and rejected the petition filed by the petitioners Gurdeep Singh and others by holding that transfer in favour of the ward is made with the pious hope that the transferee would continue to serve the parents as he was doing prior to execution of the document. Having failed to look after his parents and provide basic amenities to them in their old age, he makes himself liable for avoidance of the transfer deed. It has also been held that in such a situation, a specific condition that the basic amenities would be provided to the parents, needs not be incorporated in the transfer deed and held that the pleas raised before the Court were without any merits and the petition was dismissed.

2. Briefly stated the facts of the case are that respondent No.2-Nand Singh father of petitioner No.1 filed petition under Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (hereinafter referred to as, 'the Act, 2007') for cancellation of transfer deed Vasika No.368 dated 07.05.2010 in

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