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VIKAS BAHL
Dharambir – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Mr. 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 21.12.2023 (Annexure P-8) passed by respondent No.2.
2. Brief facts of the present case are that a transfer deed dated 11.01.2021 (Annexure P-1) was executed by respondent No.4-Senior Citizen in favour of the present petitioner, who is his son, with respect to land measuring 26 kanals 14 marlas. In the said transfer deed, specific condition was recorded to the effect that the transferee i.e., present petitioner will provide all the basic amenities to the transferor i.e. senior citizen and in case of his failure to do so, the transferor will have the right to take back the property as per the provisions of section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter to be referred as "the Act of 2007"). On 28.10.2021, respondent No.4 filed an application for cancellation of the said transfer deed dated 11.01.2021, in addition to the cancellation of the second transfer deed which was executed by respondent No.4 in favour of his other son-respon
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 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.
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.
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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