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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HON’BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.13361 of 2025

Dated: 24.03.2026 Between

Smt. K. Vijaya Shanthi

…PETITIONER And

The State of Telangana, Rep. by its Principal Secretary,

Revenue Department, Secretariat,

Hyderabad and others.

…RESPONDENTS

ORDER

The matter arises under the Maintenance and Welfare of

Parents and Senior Citizens Act, 2007 (for short ‘the Act’).

2. The respondent No.6 is the senior citizen, wife of Late K. Chandra Rao, mother of the respondents No.7 and 8 and

mother-in-law of the petitioner.

3. The dispute in this writ petition relates to the impugned order of the respondent No.3 – Revenue Divisional Officer, Kandukur Division, Ranga Reddy District, passed in Case No.G/2615/2024 dated 16.04.2025 whereby the Gift Deed executed by the respondent No.6 in favour of her three sons were revoked on a

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complaint lodged by her under Section 23(1) of the Act. The respondent No.6 being the absolute owner of the property bearing H.No.15-119, Plots No.26 and 27 admeasuring 260 sq. yards situated in Block No.2, Meeerpet Village, Saroornagar Mandal, Ranga Reddy District (schedule property) comprising of thee floors, executed a Gift Deed bearing Document No.19370/2013 dated 09.12.2023 to the husband of the petitioner, late Kota Ram Babu, in respect of open terrace rights of the first floor slab area of 1500 sq. feet with undivided share of land of 106.66 sq. yards of the

schedule property.

4. It is averred in the writ affidavit by the petitioner (daughter- in-law of respondent No.6) that her husband has taken up construction work on the terrace by obtaining housing loan and constructed residential portion wherein they had been residing. While so, a complaint was filed by the respondent No.6 under Section 23(1) of the Act alleging that she has executed the gift deed in favour of three sons; she seeks cancellation of the gift deed as she intends to sell the property due to her deteriorating health condition; her elder son’s wife (petitioner herein) is opposing the sale of the property; the respondent No.6 does not seek maintenance from her sons but only wishes to regain control over the property for the purpose of sale and that the deceased elder

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son/husband of the petitioner has invested Rs.17 lakhs towards

construction of the house.

5. Based on the said complaint, the respondent No.3 passed the impugned order dated 16.04.2025 by recording the contention of the petitioner herein. The petitioner defended the proceedings stating that previously the respondent No.6 filed a complaint before the Tribunal, which had declined relief to her. Thus, the question of reopening the matter does not arise; the gift deed does not contain any express condition that the transferees are bound to maintain

the complainant.

6. The respondent No.3 recorded that the condition of maintenance need not always be expressly written in the gift deed; it can also be implied from the circumstances and intention of the parties; it is not mandatory for the petitioner to seek maintenance as a prerequisite to revoke the gift deed and that the intent of the Act is to safeguard the rights and welfare of senior citizens, allowing them to revoke transfers that are contrary to their well-being and interest. The complainant – respondent No.6 is the owner of the property; she is having health issues and she wishes to sell the property to secure financial assistance to her medical needs; the right of the respondent No.6 to revoke the gift deed remains protected under Section 23(1) of the Act; the refusal of the

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petitioner to allow the sale of property does not override the petitioner’s right to reclaim ownership if she deems it necessary for her welfare; the elder daughter-in-law has no legal right to prevent the sale of the property once the gift deed is revoked and

ownership is revered to the respondent No.6.

7. The respondent No.6 further recorded that the proceedings h