1. The present writ petition has been filed challenging the legality and propriety of an order passed by the Presiding Officer, Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as ’the Act of 2007’), and the Sub-Divisional Officer, Barasat (Sadar), North 24-Parganas. By the said order, the transfer of property through a deed of gift executed by the petitioner, Smt. Niva Bosu, in favour of her son to the extent of her share was declared void. The order further directed the petitioner and her family members to vacate the portion of the property corresponding to her share, as occupied by them, within the time specified therein.

2. Mr. Roy, learned Senior Advocate appearing for the petitioner, invites my attention to the provisions of sub- section (1) of Section 23 of the Act of 2007 and contends that the existence of a condition requiring the transferee to provide basic amenities and physical needs to the transferor is a sine qua non for the application of the said provision. He submits that the recital of the deed does not contain any such condition. Therefore, in the present case, the Presiding Officer misdirected himself