VIKAS BAHL
Surinder Kumar Sharma – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Vikas Bahl, J. (Oral)
This is a civil writ petition filed under Articles 226/227 of the Constitution of India for issuance of a writ especially in the nature of certiorari for setting aside the order dated 17.03.2022 (Annexure P-4) passed by respondent no.3 along with the order dated 21.02.2023 (Annexure P-7) passed by respondent no.2 vide which the application (Annexure P-3) filed by Baldev Krishan for declaring the transfer deed dated 21.04.2016 as null and void, has been allowed and the appeal filed by the petitioner has been dismissed.
2. On 13.07.2023, this Court was pleased to pass the following order:-
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 ....
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 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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