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2026 Supreme(Online)(Tel) 12160

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Moushumi Bhattacharya, Gadi Praveen Kumar, JJ
Kurakula Shanta – Appellant
Versus
Kurakula Gajendra Mohan – Respondent
WRIT APPEAL No.1198 of 2025

Advocates:
For the Appellants/Petitioners: Avinash Desai, T.P.S. Harsha, Ekanth
For the Respondents: Manu

Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, necessitates a purposive interpretation where the obligation to provide maintenance is implied in familial property transfers, allowing for the cancellation of transfers tainted by fraud or failure to provide care, regardless of the absence of express conditions.

Headnote:(A) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Section 23 - Cancellation of gift deeds - Scope of - Conditions for providing basic amenities and physical needs need not be explicitly stated in the deed - Such obligation is implied in intra-family transfers - Fraudulent conduct by transferee justifies declaration of transfer as void.

(B) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Sections 6 and 8 - Procedural fairness - Statutes regulating senior citizen rights are beneficial in nature and must receive a purposive and liberal interpretation - Procedural irregularities not causing prejudice do not vitiate substantive adjudication.

Facts of the case:
The appellant (mother) filed a case before the Maintenance Tribunal alleging that her son (respondent No. 1) had fraudulently obtained gift deeds of her properties and withdrawn large sums of money from her pension account. The Tribunal set aside the transfers, but the Single Judge allowed the son's writ petition, finding the application delayed by nine years and citing a lack of explicit conditional clauses in the deeds.

Findings of Court:
The Division Bench held that the Tribunal correctly exercised jurisdiction. The mother established that she was unaware of the fraudulent nature of the transfers until shortly before filing. The son’s own admissions regarding financial misappropriation and his conduct of neglect corroborated the mother's case.

Issues: Whether Section 23 of the 2007 Act requires express conditions in gift deeds, and whether the Maintenance Tribunal has the jurisdiction to order restoration of assets.

Ratio Decidendi: The statute is a beneficial legislation; therefore, the obligation to provide maintenance is implied in familial asset transfers. Any breach of this trust, or proof of fraud and coercion, empowers the Tribunal to cancel the transfer to ensure the senior citizen's security.

Result: Appeal allowed; Tribunal order restored.

Table of Content
1. overview of the dispute regarding cancellation of gift deeds under the 2007 act. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. summary of observations made by the single judge in setting aside the tribunal order. (Para 9 , 10 , 11 , 12)
3. appellant's contentions focusing on the beneficial nature of the act and implied obligations. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20)
4. respondents' arguments regarding jurisdiction, delay, and procedural non-compliance. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28)
5. interpretation of section 23 as a purposive and liberal provision for senior citizens. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38)
6. evaluation of conduct, financial misappropriation, and neglect as grounds for intervention. (Para 39 , 40 , 41 , 42 , 43 , 44 , 45)
7. dismissal of procedural objections regarding jurisdiction under rule 21(3). (Para 46 , 47 , 48 , 49 , 50)
8. rejection of technical procedural challenges in proceedings under welfare legislation. (Para 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61)
9. conclusion of the division bench confirming the original tribunal's jurisdiction and order. (Para 64 , 65 , 66 , 67 , 68 , 69)

JUDGMENT: (per Hon’ble Justice Gadi Praveen Kumar)

Heard Sri Avinash Desai, learned Senior Counsel assisted by Sri T.P.S. Harsha and Sri Ekanth, learned counsel for the appellant and Sri Manu, learned counsel for respondent Nos.1 to 5.

2. The present Appeal is filed by the appellant assailing the order dated 26.09.2025 passed by the learned Single Judge dated in W.P.No.17870 of 2025 in setting aside the order dated 17.05.2025 passed by the Revenue Divisional Officer and Sub-Divisional Magistrate & Tribunal for Maintenance and Welfare of Parents and Senior Citizens, Hyderabad Division, Hyderabad District (for short ‘the Tribunal’).

3. The Writ Petition is filed by respondent Nos.1 to 5 challenging the orders passed by the learned Tribunal constituted under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short ‘The 2007 Act’ ) in Case No.D/234/2025 dated 17.05.2025 in declaring all the gift deeds as null and void with consequential prayers.

4. The appellant herein is the mother of the respondent No.1, mother in-law of the respondent No.2 and grandmother of the respondent No.3 to 5 filed a case before the respondent No.6 (RDO) seeking cancellation of seven gift settlement deeds executed in favour of her son i.e. respondent No.1, secondly, for recovery of a sum of approximately Rs.1.63 crores, which was fraudulently withdrawn from appellant’s Bank account, and thirdly, seeking restoration of ownership and possession of the schedule properties.

5. The learned Tribunal under the2007 Act allowed the application of the appellant herein declaring the appellant as absolute owner of the ‘A’ & ‘B’ schedule properties therein, having acquired from her late husband and cancelled all the seven gift settlements deeds with a direction to return Rs.1,63,35,600/- back to the appellant restoring the share in the developed properties.

6. Aggrieved by the said order of the learned Tribunal, the respondent Nos.1 to 5 filed W.P.No.17870 of 2025 before this Court.

7. The primary contention of the respondent Nos.1 to 5 in the Writ Petition is that the learned Tribunal exceeded its jurisdiction declaring the appellant as the absolute owner and that the learned Tribunal lacked authority in directing cancellation of gift deeds or order repayment of Rs.1,63,35,600/-; secondly, on the ground of non-compliance of section 23(1) of the 2007 Act that the gift must be subject to condition of care which was allegedly not expressly included in the gift deeds; thirdly, the application before the learned Tribunal is filed by the appellant nearly after 9 years from the first set of gift deeds; fourthly, on the ground of procedural irregularities as regards the learned Tribunal placing reliance on the statements of the daughters, which are not supported by oath; fifthly, on the ground of non-com

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2026 Supreme(Online)(Tel) 12160

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABADMoushumi Bhattacharya, Gadi Praveen Kumar, JJKurakula Shanta – AppellantVersusKurakula Gajendra Mohan – RespondentWRIT APPEAL No.1198 of 2025

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Moushumi Bhattacharya, Gadi Praveen Kumar, JJ
Kurakula Shanta – Appellant
Versus
Kurakula Gajendra Mohan – Respondent
WRIT APPEAL No.1198 of 2025