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MANOJ BAJAJ
Tarlok Singh – Appellant
Versus
Bhajan Singh – Respondent
| Table of Content |
|---|
| 1. writ petition under article 226 for maintenance review. (Para 1 , 2) |
| 2. arguments on grounds of maintenance objection. (Para 3 , 4) |
| 3. court's evaluation of senior citizen maintenance. (Para 5 , 6 , 8) |
JUDGMENT
Manoj Bajaj, J. (Oral)
Petitioner has filed this writ petition under Article 226 Constitution of India for issuance of a writ in the nature of certiorari for quashing/recalling the impugned order dated 27.02.2020 (Annexure P-2) passed by the District Magistrate-cum-Appellate Authority, Gurdaspur, whereby maintenance awarded to Bhajan Singh vide order dated 04.02.2019 (Annexure P-1) was enhanced to Rs. 3500/- per month.
2. Learned counsel for the petitioner has argued that the respondent No.1-Bhajan Singh (father of the petitioner) had given 15 K-3M of his agricultural land in favour of petitioner-Tarlok Singh through sale deed dated 26.11.2013 and equivalent land was given to the other son, namely, Gurmit Singh. She has submitted that Bhajan Singh had three sons and two daughters and the claim was filed against two sons only, as his daughters were already married, whereas the third son Harjinder Singh had died. According to her, in the claim, he had made two pr
The duty of a son to care for his old aged parents, regardless of land transfers, and the importance of providing maintenance to senior citizens under the 2007 Act.
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.
The right to appeal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is exclusive to senior citizens and parents, excluding others like children or relatives.
The court established that a transfer deed can be cancelled under Section 23 of the 2007 Act if the transferee fails to provide basic amenities to the transferor, fulfilling the statutory conditions.
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