2024:BHC-OS:3441 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1736 OF 2019 Priya Sameer Holkar .. Petitioner Versus The Deputy Collector (Gad), Mumbai City, Mumbai And 3 Ors. .. Respondents WITH CONTEMPT PETITION (L) NO. 25 OF 2022 IN WRIT PETITION NO. 1736 OF 2019 Vasant Raghunath Holkar & Anr. .. Petitioners Versus Priya Sameer Holkar & Ors. .. Respondents WITH INTERIM APPLICATION (L) NO. 25747 OF 2023 IN WRIT PETITION NO. 1736 OF 2019 Ms. Priya Sameer Holkar .. Applicant IN THE MATTER BETWEEN Ms. Priya Sameer Holkar .. Petitioner Versus The Deputy Collector (Gad) Office & Ors. .. Respondents …

Mr. Sanjiv Sawant a/w Mr. Heramb Kadam i/b Mr. Aditya Andhorikar, for the Petitioner & Applicant in IAL/25747/2023.

Mrs. Jyoti Chavan, Addl. GP a/w Ms. Nazia Sheikh, AGP for State, Respondent Nos. 1 & 4.

Ms. Trupti A. Bharadi, for Respondent Nos. 2 & 3 in WP/1736/2019 & for the Petitioner in CONPWL/25/2022.

Mr. D. S. Hatle a/w Mr. Mandar Surve, for Respondent No. 5.

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CORAM : SANDEEP V. MARNE J.

RESERVED ON : 22 FEBRUARY 2024.

PRONOUNCED ON : 1 MARCH 2024.

JUDGMENT :-

1) Petition raises an issue as to whether a gift of property made in the name of son by senior citizens can be revoked by the Maintenance Tribunal after son’s death in proceedings filed against the daughter-in-law. Also raised is an issue about responsibility of daughter-in-law to maintain the senior citizens and whether the daughter-in-law can be directed by the Tribunal to pay maintenance to her parents-in-law.

2) Issues arise on account of challenge set up by Petitioner, who is daughter-in-law of Respondent Nos. 3 and 4, to the Order dated 9 March 2018 passed by the Maintenance Tribunal constituted under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 (Senior Citizens Act). By its Order, the Maintenance Tribunal has directed Petitioner to pay maintenance at the rate of Rs.10,000/- per month in respect of two senior citizens from 27 December 2016 and has also set aside the Gift Deeds dated 18 November 2013 and 7 February 2014 under provisions of Section 23 of the Senior Citizens Act, directing her to hand over possession of properties covered by the said two Gift Deeds to the senior citizens within 30 days.

3) Petitioner is the daughter-in-law of senior citizens-Mr. Vasant Raghunath Holkar and Smt. Vaishali Vasant Holkar. Petitioner was married their son- Late Sameer Vasant Holkar. It is the case of the senior citizens that the partnership firm under the name “Print Home” was established in 1986, in which both senior citizens each had 50% shares. That the elder son of the senior citizens-Late Sameer Vasant Holkar was included as a partner in the firm in the year 1996 and the shares were redistributed as Vasant-40%, Vaishali-30% and Sameer-30%. It is the case of senior citizens that after father suffered heart attack, son Sameer started looking after the business. He married Petitioner-Priya in the year 2002. That Sameer and Priya established two more companies i.e. Print World (Proprietor-Sameer Holkar) and Promo World (Proprietress-Priya Holkar). That Sameer purchased various properties out of the income generated from partnership firm in which the senior citizens held 40% and 30% shares. That there are as many as 18 immovable properties purchased out of the income from partnership firm. That Sameer raised various credit facilities from various banks and created mortgages against various properties of senior citizens. That the senior citizens executed Gift Deed dated 18 November 2013 in respect of Flat No. 905 Harikunj Co-operative Society Ltd., Sindhi Colony, Chembur (East), Mumbai. Another Gift deed executed on 4 February 2014 in respect of Gala No. 313-A, Printing Press, Byculla Service Industries, near Rani Baug Byculla East, Mumbai. That Sameer Holkar expired on 13 July 2015. After Sameer's death, Petitioner-Priya started harassing the senior citizens and denied them shares in the pro