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VIKAS BAHL
Harjyot Singh – Appellant
Versus
District Magistrate-cum-Appellate Tribunal – Respondent
JUDGMENT
Mr. Vikas Bahl, J. (Oral)
CM-7378-CWP-2023
This is an application under section 151 CPC for placing on record written reply along with Annexures R-3/1 to R-3/4.
2. The application is allowed. Written reply along with Annexures R-3/1 to R-3/4 are taken on record.
CWP-20642-2022
3. This is a civil writ petition filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari to set aside the order dated 22.07.2019 (Annexure P-1) passed by respondent no.2 i.e., the Sub Divisional Magistrate-cum-Maintenance Tribunal, Garshankar vide which the transfer deeds dated 06.09.2018 and 08.10.2018 executed by respondent no.3 in favour of the petitioner have been set aside and also the order dated 01.10.2019 passed by respondent no.1 i.e., the District Magistrate-cum-Appellate Tribunal under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (hereinafter referred to as 'Act of 2007') Hoshiarpur, vide which the appeal filed by the petitioner against the order dated 22.07.2019 has been dismissed.
4. Learned counsel for the petitioner has challenged the impugned orders primarily on two grounds. Firstly it is submitted that after the
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.
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 central legal point established in the judgment is that for the invocation of Section 23(1) of the 2007 Act, the transfer must be subject to the condition that the transferee shall provide basic ....
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