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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSIMRAN SINGH SETHI
Shally Jaryal – Appellant
Versus
Deputy Commissioner Cum District Collector, Hoshiarpur – Respondent
| Table of Content |
|---|
| 1. inheritance and transfer of property from parents. (Para 2 , 3) |
| 2. legal challenge to transfer deed based on maintenance claim. (Para 4 , 5) |
| 3. arguments regarding non-maintenance by the petitioner. (Para 6 , 7) |
| 4. evidence required to prove non-maintenance. (Para 12 , 16) |
| 5. final ruling on property ownership and evidence assessment. (Para 18) |
| 6. jurisdiction over lease disputes under the act. (Para 19) |
JUDGMENT :
HARSIMRAN SINGH SETHI, J.
In the present petition, the challenge is to the orders passed by the authorities exercising jurisdiction under the Senior Citizen Act , 2007 (for short' 2007 Act') by which, the transfer of the land by the senior citizen i.e., respondent No.3, in the favour of the petitioner i.e, her daughter, has been set aside on the ground that the daughter is not maintaining the mother.
2. Certain facts needs to be mentioned for the correct appreciation of the issue in hand. The land in question belonged to the father of the petitioner, namely, Surinder Singh, who unfortunately died in the year 1993 leaving behind his two daughters and widow Darshana Devi. At the time of his death, both the daughters were unmarried. In the year 2011, the land wh
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.
A daughter-in-law is not covered under the Maintenance and Welfare of Senior Citizens Act, 2007.
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 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.
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.
Section 23 of the Senior Citizens Act is applicable even if the conditions stipulated therein are orally communicated and not in writing or part of the transfer document.
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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