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VIKAS BAHL
Parkash Singh – Appellant
Versus
Sub Divisional Magistrate, Sangrur-cum-Maintenance Tribunal – Respondent
JUDGMENT
Vikas Bahl, J. (Oral)
This is a Civil Writ Petition filed under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of certiorari for setting aside the order dated 20.09.2021 (Annexure P-1) and order dated 30.11.2021 (Annexure P-2) passed by respondent Nos.1 and 2 respectively.
2. Brief facts of the present case are that respondent No.3 who is the father of petitioner No.1 had filed an application dated 18.03.2021 under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter to be referred as "the 2007 Act") for setting aside the transfer deed dated 23.08.2017 executed by him in favour of petitioner No.1 with respect to land measuring 34 kanals 8 marlas. Challenge was also made to the transfer deed dated 12.10.2017 vide which petitioner No.1 had further transferred 32 kanals 7 marlas out of the above land to his wife-petitioner No.2. A perusal of the application (Annexure P-3) would show that respondent No.3 was stated to be 92 years of age and was a senior citizen when the application was filed in the year 2021. It was further stated in paras 3 and 4 that respondent No.3 was owner in possession of suf
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 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 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 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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