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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Gulzar Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
This writ petition has been filed under Article 226/227 of the Constitution of India in the nature of certiorari seeking setting aside of the order dated 17.10.2023 (Annexure P-1) passed by respondent No.2 in Case No. 14 titled 'Gulzar Sigh Vs. Swarn Kaur and another' and order dated 27.03.2023 (Annexure P-2) passed by respondent No.3 in Case No.02/Senior Citizen/Petition 03/2023 titled 'Swaran Kaur Vs. Jasbir Singh and another'.
2. Brief facts of the case are that respondent No.4, who is the mother of the present petitioner, had transferred 14 share each of the property in question, in favour of the present petitioner and the respondent No.5, who are the sons of respondent No.4, vide transfer deed dated 14.06.2017 (Annexure P-3). In the said transfer deed, it was stated that respondent No.4 is the owner of the property and that the transfer was being made out of her free will and without any fear, with the further stipulation that the beneficiaries i.e. petitioner and respondent No.5 would provide services and basic needs of respondent No.4 according to Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter ref
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 ....
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.
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.
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....
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