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MANOJ BAJAJ
Devi – Appellant
Versus
Presiding Officer, Appellate Tribunal of Maintenance and Welfare of Parents & Senior Citizen, Narnaul – Respondent
JUDGMENT
Manoj Bajaj, J.
Petitioner (senior citizen) has preferred this writ petition under Article 226 Constitution of India for issuance of a writ in the nature of certiorari to challenge the order dated 20.12.2018 (Annexure P-10) passed by the appellate authority, whereby it has affirmed the decision dated 03.10.2017 (Annexure P-8) passed by the Maintenance Tribunal, dismissing the petitioner's application seeking cancellation of the gift deed dated 21.06.2012 executed in favour of respondent No.3.
2. Briefly, the facts leading to the petition are that the petitioner along with her husband brought an application under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 on 22.02.2013 (Annexure P- 2), wherein it was claimed that by virtue of sale deed bearing No.305 dated 25.05.1981, petitioner No.1, namely, Hoshiyar Singh purchased the subject property and its mutation was also sanctioned in his favour. Subsequently, he raised construction of shops and residential house. Since, the couple has only six daughters, therefore, they adopted Deepak, son of their daughter, namely, Ginni Bai, who by taking an undue advantage of the relationship, got a forged and fabricated
The cancellation of gift deeds under the Senior Citizens Act requires specific conditions to be met, which were not satisfied in this case.
The Tribunal's jurisdiction under the Act does not extend to adjudicating the validity of a gift deed; such matters must be addressed in civil court.
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