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MANOJ BAJAJ
Angrej Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Manoj Bajaj, J. (Oral)
This writ petition has been filed under Article 226 Constitution of India for issuance of a writ of Certiorari for quashing the impugned order dated 25.08.2020 (Annexure P-1) passed by respondent No.2, whereby the order dated 25.10.2019 (Annexure P-3) passed by respondent No.3 was set aside and the case was remanded back to decide afresh on merits after giving proper opportunity to the parties to lead evidence.
2. Learned counsel for the petitioner submits that the petitioner Angrej Kaur (senior citizen) lost her husband Kartar Singh on 17.11.2014 and applied for maintenance under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 against her son, namely, Pritam Singh-respondent No.5, who got transferred land owned by her husband in his favour. Learned counsel has pointed out that after transfer of this immoveable property in favour of her son, she was left with no source of income, much less any land and prayed that the instrument be cancelled, however, vide order dated 08.10.2015 (Annexure P-2), the respondent No.5 was directed to pay a monthly maintenance of Rs.15,00/- p.m. to his mother. Learned counsel has pointed out that since this
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.
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 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....
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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