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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
LAXMI NARAYANA ALISHETTY
S.Sunny Kumar – Appellant
Versus
Government of Telangana, Revenue Department, Reptd By Its Principal Secretary, Hyderabad – Respondent
ORDER :
LAXMI NARAYANA ALISHETTY, J.
This Writ Petition is filed to declare the proceedings No.338/DWO/FRO/2023, dated 23.05.2023 issued by respondent No.2, thereby confirming the orders passed by respondent No.3 in revoking the Gift Settlement Deed bearing No.2045 of 2021, as illegal, arbitrary and unconstitutional and further, to direct respondent No.4 not to entertain any sale transaction in respect of the schedule property by placing the same in the prohibited list.
2. Heard Ms. Janaki, learned counsel representing Sri R. Anurag, learned counsel-on-record for the petitioner, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3 and Sri B.Ramesh, learned senior counsel appearing for Smt R.Swarnalatha, learned counsel-on-record for respondent No.5.
3. In brief, the facts of the case are that respondent No.5, who is maternal grandmother of petitioner, has approached respondent No.3- Primary Authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, (for brevity hereinafter referred to as “the Senior Citizens Act”), i.e., respondent No.3 herein, by filing Case No.H/1601/2022 seeking cancellation of the Registered Gift Settlement
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....
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.
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.
A gift deed cannot be cancelled under Section 23(1) of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Act, 2007 if it lacks explicit conditions regarding the provision of basic....
A gift deed must explicitly include conditions for maintenance to be enforceable under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
The existence of a condition for providing basic amenities to a senior citizen must be established for the Maintenance Tribunal to exercise jurisdiction under Section 23(1) of the Senior Citizens Act....
The love and affection between the parent and the child is an implied condition in the Settlement Deed and any violation of this condition would amount to fraud, coercion or undue influence, thus att....
A gift made by a parent can be voided under Section 23 of the Act if the donee fails to provide basic needs, regardless of explicit conditions in the Gift Deed.
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