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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARMINDER SINGH – Appellant
Versus
DEPUTY COMMISSIONER SBS NAGAR DISTRICT SBS NAGAR AND OTHERS – Respondent
JUDGMENT :
KULDEEP TIWARI, J.
1. The instant writ petition, as cast under Article 226/227 of the Constitution of India, is directed against the order dated 24.07.2024 (Annexure P-5), passed by the learned Maintenance Tribunal, vide which, an application preferred by respondent No.3-senior citizen, under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, was allowed. Consequently, the transfer deed dated 29.08.2011, executed by her in favour of the petitioner (son), was cancelled. Further, the order dated 28.08.2024 (Annexure P-7), is also assailed, whereby, the appeal preferred by the petitioner against the order (supra), has been dismissed
2. Learned counsel for the petitioner submits that there exists no recital of any condition in the transfer deed, with regard to maintaining the senior citizen, as it had been executed purely out of love and affection. While referring to the contents of the application, he submits that, it was averred that transfer was subject to the condition of maintenance by the petitioner, but no evidence, in this regard, was led. So much so, the senior citizen also failed to carve out any pleading in the application, or any cog
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 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 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.
Transfer of property from senior citizens may be declared void if involuntary under undue influence, neglect by transferee violates conditions for maintenance, per the 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.
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