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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Ram Kumar – Appellant
Versus
Deputy Commissioner-Cum-Appellate Tribunal – 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 setting aside the order dated 01.09.2022 (Annexure P-4) passed by respondent No.l vide which appeal of respondent No.3 (Annexure P-3) has been allowed and the order passed by respondent No.2 dated 30.03.2022 (Annexure P-2) has been set aside.
2. Brief facts of the present case are that the petitioner who is a senior citizen and is father of respondent No.3 had filed an application dated 08.04.2021 for the cancellation of the transfer deed dated 26.12.2019 (Annexure P-1) and the subsequent mutation, which was executed by the petitioner in favour of his son-respondent No.3. In the said application, it was specifically stated that the petitioner was 63 years of age and was a senior citizen and was the owner of the property in question by virtue of a sale deed 22.12.2004 and had constructed a two storey building/house on the plot. It is further stated that respondent No.3 had assured the applicant-petitioner that he would provide the petitioner with all the basic needs and would also maintain him and on the said
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.
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 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 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....
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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