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MANOJ BAJAJ
Gurjit Singh – Appellant
Versus
District Magistrate, Fatehgarh Sahib – Respondent
| Table of Content |
|---|
| 1. petition under article 226 for quashing orders. (Para 1) |
| 2. arguments regarding family settlement and maintenance obligations. (Para 2 , 3) |
| 3. court's analysis on property transfer and parent maintenance. (Para 5 , 6) |
| 4. social change leading to protective laws for senior citizens. (Para 7) |
| 5. court's findings on the conduct of the petitioner. (Para 8) |
JUDGMENT
Manoj Bajaj, J.
Petitioner-Gurjit Singh has filed this petition under Article 226 Constitution of India seeking writ in the nature of certiorari for quashing the order dated 19.10.2022 (Annexure P-6), passed by Appellate Authority Maintenance-cum-District Magistrate, whereby the order dated 16.08.2022 (Annexure P-4) passed by the Maintenance Tribunal reversing the transfer of title of immovable property by respondent No.3-father in favour of petitioner-son, was affirmed.
2. Learned counsel for the petitioner has argued that respondent No.3-Gulzar Singh filed a petition under Sections 4 , 5, 9 and 23 Maintenance and Welfare of Parents and Senior Citizen Act, 2007 against the petitioner-son alleging that he is not maintaining him, but the said averments contained in the application were not worth acceptance as by
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.
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 ....
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 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.
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