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DEEPAK SIBAL, DEEPAK MANCHANDA
Anil Kumar – Appellant
Versus
Jagdish Raia – Respondent
JUDGMENT
Mr. Deepak Sibal, J. (Oral)
The present intra Court appeal originates from the judgment dated 07.12.2023 passed by a learned Single Judge of this Court dismissing the appellant's writ petition filed by him for setting aside the order dated 27.03.2019 passed by the Additional District Magistrate, Patiala (for short, the Magistrate) while exercising powers of the Appellate Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, the 2007 Act).
2. Briefly stated, the facts are that respondent No.1 filed an application before the Maintenance Tribunal-cum-Sub Divisional Magistrate, Patiala (for short, the Tribunal) seeking therein cancellation of the transfer deed of a shop in Patiala dated 11.05.2016 executed by him in favour of the appellant, who is his son. According to respondent No.1 the transfer deed in question had been made subject to the appellant taking care of respondent No.1 with a further stipulation therein that in case the appellant did not do so then, in terms of Section 23 of 2007 Act, the transfer deed was liable to be cancelled. Since after execution of the transfer deed, the appellant had treated respondent No.1 badly, i
Failure to provide basic amenities to a senior citizen, as stipulated in a property transfer deed, justifies cancellation of the transfer under Section 23 of the 2007 Act.
The court affirmed that a transfer deed executed by a senior citizen can be cancelled if the transferee fails to provide necessary care as stipulated, under Section 23 of the 2007 Act.
A transfer deed executed by a son in favor of a senior citizen can be canceled if the son fails to provide the agreed basic amenities, as per Section 23 of the Maintenance and Welfare of Parents and ....
The court affirmed that a transfer deed can be cancelled if the transferee fails to fulfill the basic needs of the transferor as stipulated under Section 23(2) of the Maintenance and Welfare of Paren....
The transfer of property is void if conditions for providing future basic amenities to the transferor are unmet.
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