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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARSIMRAN SINGH SETHI
Charanjit Kaur – Appellant
Versus
District Magistrate & Chairman Of Appellate Tribunal, Yamuna Nagar – Respondent
| Table of Content |
|---|
| 1. addressing the challenge to eviction under the 2007 act. (Para 1 , 2 , 3) |
| 2. the status of the daughter-in-law under the act. (Para 4 , 5 , 6) |
| 3. the court's reasoning on jurisdiction and findings. (Para 7 , 8 , 9) |
| 4. final ruling on the petition. (Para 10) |
JUDGMENT :
Harsimran Singh Sethi, J. (Oral)
1. In the present petition, the challenge is to the impugned order dated 25.11.2021 (Annexure P/2) passed by Appellate Tribunal by which, order dated 30.08.2019 (Annexure P/1) passed by respondent No.2 has been set aside directing the eviction of the petitioner from the premises in question under the Maintenance and Welfare of Senior Citizen Act, 2007 (hereinafter referred to as '2007 Act') on the petition filed by the respondent No.3-senior citizen, who is a mother-in-law of the petitioner.
2. Learned counsel for the petitioner submits that the authorities exercising jurisdiction under the 2007 has passed an impugned order dated 25.11.2021 (Annexure P/2) without even appreciating the fact whether the daughter-in-law is covered under the 2007 Act or not.
3. The prayer of the petitioner-daughter-in-law is that the impugned order dated 25.11.2021 (Annexure P/2) cancelling the
A daughter-in-law is not covered under the Maintenance and Welfare of Senior Citizens Act, 2007.
A married daughter is not required to live with her mother to maintain her; financial support suffices if resources are used for the senior citizen's care.
The court clarified that the authorities under the 2007 Act do not have the power to order eviction, but are limited to granting maintenance and addressing fraudulent property transfers.
The court emphasized the importance of protecting the rights and welfare of senior citizens under the 2007 Act, particularly in cases involving the transfer of property and the potential prejudice to....
Tribunal under Senior Citizens Act may order child's eviction from parent's property sans monetary maintenance claim if essential for senior citizen's residence and normal life, particularly after fo....
The court emphasized the overarching objective of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to ensure the well-being of senior citizens, including provision for residence, ....
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.
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