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DEEPAK SIBAL, DEEPAK MANCHANDA
Gulzar Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Deepak Sibal, J. (Oral)
The instant intra court appeal arises out of judgment dated 19.03.2024 passed by a learned Single Judge of this Court dismissing the writ petition filed by the appellant through which he had challenged order dated 17.10.2023 passed by the Additional Deputy Commissioner-cum-Collector, SAS Nagar, Mohali (for short - Collector) and order dated 27.03.2023 passed by the Sub-Divisional Magistrate, Derabassi (for short - SDM).
2. The facts, in brief, which are required to be noticed for adjudicating upon the present appeal are that through transfer deed dated 14.06.2017 (for short - the deed) respondent No.4, who is the appellant's mother, transferred half share each in the property in question in favour of the appellant and respondent No.5, who is the appellant's brother. In the deed, it was specifically mentioned that the beneficiaries under the deed, shall provide basic needs to the transferor and if they failed to do so, then as per section 23 (2) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short - the 2007 Act), the deed shall stand cancelled.
3. In October, 2022, respondent No.4 filed an application before the SDM
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....
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 death of the senior citizen rendered the proceedings infructuous, and the legal heirs were given the liberty to avail civil remedy available under the law.
When a senior citizen parts with his or her property by executing a gift or a release or otherwise in favour of his or her near and dear ones, a condition of looking after the senior citizen is not n....
The provisions of Section 23(1) of the Senior Citizens Act are not attracted if the transfer does not contain a stipulation for the transferee to provide basic amenities and physical needs to the tra....
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