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MANOJ BAJAJ
Gurdeep Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Manoj Bajaj, J.
Petitioner has approached this Court under Article 226 Constitution of India for issuance of a writ in the nature of Certiorari setting aside the impugned order dated 19.08.2021 (Annexure P-5) passed by the appellate authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, whereby the order dated 12.01.2021 (Annexure P-4) passed by SDM, Ferozepur, cancelling the transfer deed dated 11.11.2004, (Annexure P-2) passed in favour of petitioner, was set aside. Further prayer is for issuance of a writ of mandamus directing the respondent No.2 to ensure the protection of the petitioner and restrain the respondent No.3 from entering the land of the petitioner.
2. Learned counsel submits that petitioner-Gurdeep Kaur has only five daughters, therefore, she informally adopted one of her grandsons, namely Pushpinder Singh-respondent No.3 as her son and transferred her immovable property in his favour vide transfer deed dated 11.11.2004 (Annexure P-2). He submits that the grandson-respondent No.3 was residing with the petitioner, but after his marriage in the year 2005, he started neglecting the senior citizen and it compelled the petitioner to
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.
The main legal point established is the importance of fulfilling the basic needs of senior citizens under Section 23 of the Senior Citizens Act, and the application of the principle of lis pendens in....
Children have a legal obligation to maintain their elderly parents, and failure to do so can result in the cancellation of property transfers made under such conditions.
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.
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