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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KULDEEP TIWARI
Chattan Singh – Appellant
Versus
Deputy Commissioner-cum-Presiding Officer, Maintenance Appellate Tribunal – Respondent
| Table of Content |
|---|
| 1. background of family property dispute under act of 2007. (Para 1 , 2 , 3) |
| 2. arguments concerning maintenance obligations and property disputes. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. court analysis of maintenance and evidence provided. (Para 11 , 12 , 13) |
| 4. decision on reversion of land and maintenance obligations. (Para 14 , 15) |
| 5. conclusion and order of the court. (Para 16) |
JUDGMENT :
KULDEEP TIWARI, J.
[1] Respective replies on behalf of respondent Nos.3 to 5 have been filed in Court today. The same are taken on record. Copies thereof, have been supplied to learned counsel for the petitioner.
[2] The instant matter, is yet another example where the family property dispute is sought to be settled, by invocations of provision of Section 23 of the Maintenance & Welfare of Parents & Senior Citizens Act, 2007 (hereinafter referred to as ‘the Act of 2007’).
[3] Recently, the petitioner, who is a senior citizen filed an application before the Maintenance Tribunal concerned, wherethrough, he sought cancellation of transfer deed bearing Wasika No.4352 dated 09.01.2017, and for restorations of land in its original form with the petitioner. The application (supra) was allowed
The court emphasized that the Maintenance & Welfare of Parents & Senior Citizens Act cannot be misused for settling internal family disputes but must prioritize the welfare of the senior citizen invo....
Under the relevant legislation, a property transfer conditional upon the provision of maintenance is voidable if the transferee fails to provide such basic amenities. The failure to fulfill this obli....
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