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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
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 by the Maintenance Tribunal through order dated 24.03.2022. This verdict was not challenged by respondent Nos.3 & 4, but it only challenged by respondent No.5- Kamalpreet Singh, by filing a statutory appeal under Section 16 of the Act of 2007. The said appeal was allowed, as the learned Appellate Authority concerned, has set aside the order passed by the learned Maintenance Tribunal, and by
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....
The death of the senior citizen rendered the proceedings infructuous, and the legal heirs were given the liberty to avail civil remedy available under the law.
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 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....
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 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 ....
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