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VIKAS BAHL
Anil Kumar – Appellant
Versus
Jagdish Rai – 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 the order dated 27.03.2019 (Annexure P-6) passed by respondent no.3 vide which the appeal preferred by respondent no.1 (senior citizen) against the order dated 26.10.2018 (Annexure P-4) passed by respondent no.2 has been allowed.
2. Brief facts of the present case are that respondent no.1, who is a senior citizen, had filed an application dated 12.06.2018 (Annexure P-2) before respondent no.2 for cancellation of the transfer deed dated 11.05.2016 executed by respondent no.1 in favour of the petitioner (son). It was stated in the said application that respondent no.1 had got registered half share of 63 square yards owned by him, measuring 31 ½ yard in the name of his son vide the said registered sale deed but the said petitioner was out of control and used to harass respondent no.1 and did not help respondent no.1 in any manner. A perusal of the transfer deed dated 11.05.2016 (Annexure P-1) would show that it was specifically mentioned in the said transfer deed that the petitioner is duty bound to take
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.
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.
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.
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.
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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