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.

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 respondent No.3 in file No. D/6400/2021 as illegal, arbitrary, ultra virus the Act and beyond the scope and jurisdiction of the Act and consequentially to also set aside the rejection order dated 06-06- 2022 passed by the respondent No.1 in the appeal and further to direct the respondent No.5 to delete and remove the entry of cancellation noted against the two registered Instruments being the two gift deeds dated 23-06-2021 vide registered document Nos.2450 of 2021 and 3258 of 2021 of the office of S.R.O. Chikkadpally Hyderabad…”

4. The petitioner-Ms.Shriya Uppati in W.P.No.30597 of 2022 is daughter and the petitioner No.2-Saneet Uppati in W.P.No.30669 of 2022 is the son of petitioner No.1-Smt.Sabita Uppati in W.P.No.30669 of 2022. The respondent No.4-Smt.U.Lalitha Prasad, in both the writ petitions is the mother-in-law of petitioner No.1-Smt. Sabita Uppati in W.P.No.30699 of 2022 and grandmother of petitioner in W.P.No.30597 of 2022 and petitioner No.2 in W.P.No.30669 of 2022.

5. The brief facts that are necessary for the disposal of the present writ petitions are stated as under:

Ms. Shriya Uppati, is the paternal granddaughter of the respondent No.4-Smt.U.Lalitha Prasad and daughter of Late Sri Sanjay Uppati, who is the second son of the respondent No.4, died on 12.11.2020. It is stated that her brother i.e, Saneet Uppati is under the guardianship of Smt. Sabita Uppati. It is further stated that the respondent No.4 after the death of Late Sanjay Uppati has executed registered gift deed vide document No.2450/2021 dated 23.06.2021 inter alia transferring all that 75% undivided share of Smt. U. Lalitha Prasad, to Ms. Shriya Uppati in first floor area admeasuring 1346.25 sq.feet out of 1495 sq.ft and second floor admeasuring 1346.25 sq.ft out of 1795 sq.ft and 75% undivided share from the land admeasuring 279.51 sq.yards out of 447.22 sq.yards in Premises No.1-2-365/36/4 situated at Domalguda, Gagan Mahal Road, Hyderabad. It is further stated that Smt. Lalitha Prasad has executed another registered gift deed vide document No.3258/2021 dated 23.06.2021 in favour of Ms. Shriya Uppati and also in favour of Master Saneet Uppati being represented by Sabita Uppati inter alia transferring all that 75% of undivided share of the donor to the donees on the constructed stilt floor area admeasuring 1786.05 square feet from out of 2381.40 square feet, first floor area admeasuring 1786.05 square feet from out of 2381.40 square feet, 2^nd floor area admeasuring 1786