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VIKAS BAHL
Harpreet Kaur – Appellant
Versus
State of Punjab – 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 quashing of order dated 26.11.2021 passed by respondent No.2 whereby the application filed under section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter to be referred as "the 2007 Act") has been allowed and the transfer deed vasika dated 25.07.2019 and mutation No.18591 have been set aside and cancelled in respect of the property situated at Tehsil Samana, District Patiala. Challenge is also to the order dated 28.04.2023 passed by respondent No.3 whereby the appeal filed by the petitioner has been dismissed.
2. Brief facts of the present case are that respondent No.4 who is the father of the petitioner had filed an application under Section 23 of the 2007 Act for cancellation of transfer of ownership document No.2019-20/78/1/1236 dated 25.07.2019. Although, the application and reply as well as the transfer deed have not been annexed along with the present petition but a perusal of order dated 26.11.2021 (Annexure P-7) would show that it was the case of respondent No.4 t
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 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.
Failure to provide basic amenities to a senior citizen, as stipulated in a property transfer deed, justifies cancellation of the transfer under Section 23 of the 2007 Act.
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