A son is obligated to maintain his father under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007, even if the father has transferred property to the son during his lifetime.

Civil Writ Petition No.29928 of 2022 { 1 }

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

Civil Writ Petition No.29928 of 2022

Date of Decision: January 11, 2023

Gurjit Singh

...Petitioner

Versus

District Magistrate, Fatehgarh Sahib & others

...Respondents

CORAM:

HON'BLE MR. JUSTICE MANOJ BAJAJ

Present:

Mr.Jagmeet Singh Moudgill, Advocate,

for the petitioner.

Mr.Vikram Preet Arora, Advocate,

for respondent No.2.

*****

MANOJ BAJAJ, J.

Petitioner-Gurjit Singh has filed this petition under Article 226

Constitution of India seeking writ in the nature of certiorari for quashing the

order dated 19.10.2022 (Annexure P-6), passed by Appellate Authority

Maintenance-cum-District Magistrate, whereby the order dated 16.08.2022

(Annexure P-4) passed by the Maintenance Tribunal reversing the transfer

of title of immovable property by respondent No.3-father in favour of

petitioner-son, was affirmed.

Learned counsel for the petitioner has argued that respondent

No.3-Gulzar Singh filed a petition under Sections 4, 5, 9 and 23

Maintenance and Welfare of Parents and Senior Citizen Act, 2007 against

the petitioner-son alleging that he is not maintaining him, but the said

averments contained in the application were not worth acceptance as by

virtue of family settlement dated 24.05.2021 (Annexure P-1), it was agreed

RAMESH KUMAR

2023.01.24 11:10

I attest to the accuracy and

integrity of this document

Civil Writ Petition No.29928 of 2022 { 2 }

by the father that he would be maintained and taken care of by his brother

Palwinder Singh. In this regard, he has invited the attention of the court to

the family settlement and highlighted the specific recital/arrangement

between the parties, whereby it was agreed that Gulzar Singh along with his

wife Sukhdev Kaur will reside with third party, i.e., Palwinder Singh,

therefore, it is not his obligation to maintain the parents. He further submits

that the title of the immovable property measuring 26 bighas 13 biswas was

voluntarily made by Gulzar Singh in favour of the petitioner, and equivalent

other half of the property measuring 26 bighas 13 biswas was also

transferred in favour of Palwinder Singh vide transfer deed dated

29.09.2016. According to learned counsel, the arrangement between the

parties was not examined by the Maintenance Tribunal while setting-aside

the transfer deed, therefore, the impugned decisions passed by the

Appellate Authority as well as the Maintenance Tribunal deserve to be set-

aside.

At this stage, Mr.Vikram Preet Arora Advocate appears on

behalf of respondent No.3-Gulzar Singh and submits that the reply filed by

the petitioner to the application filed by respondent No.3 contains his stand

in writing contained in para 18 that he is not duty bound to maintain the

senior citizen in view of the terms and conditions of the family settlement.

According to him, it is the conduct of the petitioner which compelled the

father to seek remedial measures under The Maintenance and Welfare of

Parents and Senior Citizen Act, 2007. Learned counsel has also pointed out

that the similar application filed by Gulzar Singh against other brother

Palwinder Singh is also pending adjudication as he too neglected his father.

He submits that statutory authorities have carefully examined the material

RAMESH KUMAR

2023.01.24 11:10

I attest to the accuracy and

integrity of this document

Civil Writ Petition No.29928 of 2022 { 3 }

before accepting the claim of the father and the title of the land has been

rightly reverted back in favour of Gulzar Singh. He prays for dismissal of

the petition.

At this stage, learned counsel for the petitioner submits that the

son is ready and willing to maintain his father and he has no objection if he

resides with him.

After hearing the learned counsel for the