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MANOJ BAJAJ
Karam Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Manoj Bajaj, J.
By means of this writ petition filed under Article 226 Constitution of India petitioner-senior citizen has prayed for issuance of a writ in the nature of certiorari for quashing the order dated 10.06.2016 (Annexure P-2) passed by appellate authority-respondent No.2, whereby the order dated 08.06.2015 passed by Maintenance Tribunal-respondent No.3 rejecting his claim under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was upheld.
2. Learned counsel for the petitioner submits that the petitioner being owner of 92 kanals 10 marlas had transferred 74 kanals of land in favour of his four sons through transfer deed bearing No.3207 dated 21.12.2011, in equal shares i.e.1/4 the each and retained the remaining 18 kanals and 10 marla for himself. Learned counsel has pointed out that later, senior citizen filed an application on 05.03.2014 under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 for cancellation of this transfer deed, as the same was got executed from him by his sons by exercising fraud. Learned counsel has drawn the attention of the Court to the impugned order dated 08.06.2015 passed by Sub Divisional Magistrat
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....
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 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.
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