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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
KULDEEP TIWARI
Amarjit Singh – Appellant
Versus
Deputy Commissioner Cum Appellate Tribunal – Respondent
JUDGMENT :
KULDEEP TIWARI, J.
1. Through the instant writ petition, the petitioner impugns the order dated 06.03.2020 passed by the respondent No.2- Maintenance Tribunal, whereby the application preferred by his father (respondent No.3) under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as “the Act of 2007”) was allowed and the transfer deed executed in favour of the petitioner was cancelled. The petitioner further assails the order dated 03.02.2021 passed by the respondent No.1- Appellate Tribunal, whereby his statutory appeal under Section 16 of the Act of 2007 was dismissed.
2. Assailing the impugned orders, learned senior counsel for the petitioner submits that the application under Section 23 of the Act of 2007 conspicuously lacked the necessary pleadings to invoke the said provision for cancellation of the transfer deed. It is contended that the application did not disclose any specific instance of neglect or failure on the part of the petitioner, as transferee, to maintain respondent No.3 after execution of the transfer deed, nor was any evidence adduced by respondent No.3 to substantiate such allegations. Moreover
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....
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 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.
The transfer of property is void if conditions for providing future basic amenities to the transferor are unmet.
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....
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