HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No. 17870 of 2025

ORDER

Heard Sri Manu, learned counsel for the petitioners and Sri Avinash Desai, learned Senior Counsel, representing Sri T.P.S. Harsha, learned counsel appearing for respondent No.1 and, learned Asst.Govt.Pleader for Women and Child Welfare Department appearing for respondent Nos.2 and 3.

2. This writ petition is filed challenging the order dated

17.05.2025 in Case No.D/234/2025 of 2^nd respondent. Vide the aforesaid order, 2^nd respondent held that properties mentioned in Schedule ‘A’ and ‘B’ of the application filed by 1^st respondent are acquired by the 1^st respondent by her late husband and she is the absolute owner of the said properties etc., and ordered cancellation of all seven (7) registered gift settlement deeds.

3. 1^st respondent, mother of the 1^st petitioner, mother-in-law of

2^nd petitioner and grandmother of petitioner Nos.3 to 5, had filed an application before 2^nd respondent under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, ‘the Act, 2007’) seeking cancellation of seven (7)

registered gift settlement deeds contending as follows:-

i. Her late husband, Sri Kurakula Gangadhar, retired as a Senior Clerk from APSEB in the year 2001. He died on 21.07.2014.

He has one son and 4 daughters.

ii. Petitioners herein have obtained the following registered gift settlement deeds fraudulently in respect of schedule ‘A’

property:-

a) Gift Settlement Deed bearing document No.4142/2016 dated 15.07.2016 (200 sq. yards).

b) Gift Settlement Deed bearing document No.6352/2016 dated 29.10.2016 (279.72 sq. yards altered later to 233.88 sq. yards).

c) Gift Settlement Deed bearing document No.6353/2016 dated 29.10.2016 (247.84 sq. yards altered later to 207.22 sq. yards).

d) Rectification Deeds bearing document Nos.6595/2016 &

6596/2016 dated 18.11.2016.

e) Gift Settlement Deed bearing document No.1651/2018 dated 29.01.2018 (400 sq. yards, Schedule “B”).

f) Gift Settlement Deed No.4265/2024 dated 01.08.2024 (remaining 208.9 sq. yards).

iii. She has explained as to how different transactions took place on her 850 sq.yards of land in a tabular form of paragraph Nos.1 and 2 of the said application filed before 2^nd respondent in respect of Schedule ‘A’ and ‘B’ property.

iv. She has also narrated about withdrawal of money from her pension account and other bank accounts fraudulently in paragraph No.4 of the application.

v. 1^st petitioner, her son, created dubious account on her name without her knowledge, used the said account to receive rental payments from Reliance Smart. He has also used the said dubious account to transfer funds from her other two accounts.

vi. Her son used to write a cheque for Rs.25,000/- every month and used to get her signature on it. Very rarely, she used to ask to withdraw Rs.30 or 40, 000/- and a cheque for the said amount. She has narrated the said facts in paragraph No.5 of the application and also mentioned in a tabular form.

vii. Thus, according to 1^st respondent, a total amount of Rs.24,10,000/- has been transferred fraudulently from her pension account by the 1^st petitioner, her son. Petitioners cheated her of an amount of Rs.1,63,35,600/- from all her bank accounts. She has also mentioned the said details in a tabular form including the details of accounts, date of transfer, amount etc.

viii. 1^st petitioner, her son, managed all financial transactions including rents.

ix. Petitioners obtained the aforesaid gift settlement deeds fraudulently. 1^st petitioner’s son sketched out a plan for the last ten years and transferred both the properties into his and his son’s names.

x. They are neglecting 1^st respondent and not taking care of her welfare and they have abused 1^st respondent in filthy language.

xi. 1^st petitioner tried to hit her. 2^nd petitioner started spreading rumours against 1^st respondent.

xii. She would like to re-claim her property and she should have the right to decide on how her property is utilized rather