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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
C.V. BHASKAR REDDY
Shriya Uppati – Appellant
Versus
State of Telangana – Respondent
ORDER :
C.V. BHASKAR REDDY, J.
Since the issue involved in both these writ petitions is intrinsically interconnected, they are taken up and heard together and are being disposed of by this common order.
2. Writ Petition No.30597 of 2022, under Article 226 of the Constitution of India, is filed seeking the following relief:
“…to pass an appropriate writ or direction more particularly one in the nature of writ of certiorari quashing the impugned order dated 31-01- 2022 passed by the respondent No.3 in file No.D/6400/2021 as illegal, arbitrary, ultra virus and beyond the scope of its jurisdiction and consequentially to set aside the same and also to set aside the rejection order dated 06-06-2022 passed by the respondent No.1 and by ordering the respondent No.5 to restore back the entry for the two gift deeds dated 23-06-2021 vide registered document No.2450 of 2021 and 3258 of 2021 of S.R.O. Chikkadpally.…”
3. Writ Petition No.30669 of 2022, under Article 226 of the Constitution of India, is filed seeking following relief:
“….to pass an appropriate writ or direction more particularly one in the nature of writ of certiorari quashing the impugned order dated 31-01- 2022 passed by the responde
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 cancellation of gift deeds under the Senior Citizens Act requires specific conditions to be met, which were not satisfied in this case.
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....
Point of Law : Claim of maintenance by father – Cancellation of Gift deed made in favor of sons - When it comes to moral and social responsibility and obligation between father and children, document....
As per Section 96 (3) CPC no appeal shall lie from a decree by the Court with the consent of the parties -Once the parties having accepted the officer as a judge, the petitioner cannot now plead that....
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....
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.
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