Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
C.V. Bhaskar Reddy, J
P. Rohit Saurya – Appellant
Versus
State of Telangana – Respondent
ORDER :
C.V. BHASKAR REDDY, J.
This Writ Petition, under Article 226 of the Constitution of India, is filed seeking following relief:
“….to issue a Writ, Order or Direction more particularly one in the nature of Writ of Certiorari, by calling for the records relating to and in connection with the 3rd Respondent's order dt. 12.01.2023 in Case No.H/2215/2022 and quash the same…”
2. It is stated that the respondent No.4, who is maternal grandfather of the petitioner has instituted a Case vide No.H/2215/2022 on the file of the respondent No.3-Revenue Divisional Officer, Rajendranagar Division, under the provisions of the Maintenance of Parents and Senior Citizens Act, 2007 (for short “Senior Citizens Act, 2007”) seeking to cancel the registered gift deed bearing document No.21857/2019 dated 20.12.2019 in respect of 5th and 6th floors of the building situated on Plot No.3 along with common share in the land and building covered by premises bearing Municipal No.1-111/1/17/JF/3, Sy.No.70, Jaagruti Foundations, Kondapur Village, Serilingampally Mandal, Ranga Reddy District, in favour of petitioner and also registered gift deed bearing document No.21855/2019 dated 20.12.2019 in respect of 3rd a
The cancellation of gift deeds under the Senior Citizens Act requires specific conditions to be met, which were not satisfied in this case.
Cancellation of gift deeds requires proof of attached maintenance conditions; absence of such conditions voids claims of fraud or coercion under the Senior Citizens Act.
Transfer of property by senior citizens can only be annulled under specific conditions outlined in Section 23 of the Senior Citizens Act, and procedural compliance is essential for jurisdiction.
The absence of maintenance conditions in a gift deed negates the applicability of Section 23(1) of the Senior Citizens Act, leading to the annulment of any revocation actions based on such conditions....
The central legal point established is that under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, a gift deed can be set aside if the transferee fails to provide ameniti....
The Tribunal's jurisdiction under the Act does not extend to adjudicating the validity of a gift deed; such matters must be addressed in civil court.
Dispute with regard to validity of execution of document cannot be gone into in proceeding under Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 even indirectly/inciden....
Transfers made by senior citizens may be declared void under the Senior Citizens Act if they imply conditions of care and amenities, even if not explicitly stated in the document.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
