Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

WPMS/ 2006/ 2023

Hon’ble Manoj Kumar Tiwari, J

1. Mr. Davesh Bishnoi, learned counsel

for the petitioner.

2. Mr. S.K. Nainwal, learned Standing

Counsel for the State of Uttarakhand.

3. Mr. Piyush Garg, learned counsel for

respondent nos. 3 & 4.

4. Petitioner is a senior citizen. He moved an application under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before the Tribunal, constituted under Section 7 of the Act, for cancellation of gift deed dated 02.08.2010 executed in favour of his son (respondent no. 3), which was dismissed. Petitioner thereafter approached learned Appellate Tribunal by filing appeal. His appeal too has been dismissed vide judgment dated 20.02.2023. Thus, feeling aggrieved,

petitioner has approached this Court.

5. Heard learned counsel for the

parties and perused the record.

6. Learned Sub-Divisional Magistrate / Tribunal, Udham Singh Nagar rejected petitioner’s application by holding that there was no condition in the gift deed that respondent no. 3 will provide the basic amenities and basic physical needs to the petitioner. Learned Appellate Tribunal concurred with the view expressed by learned Tribunal and also observed that a Civil Suit No. 145 of 2021 is pending between the parties before Civil Judge (S.D.), Kashipur,

District Udham Singh Nagar, regarding a passage, which respondent No. 3 claimed that it is public path constructed by Gram Panchayat out of public funds. This Court concurs with the reasoning given by learned Tribunal, as affirmed by learned Appellate Tribunal.

7. Section 23(1) of Maintenance & Welfare of Parents and Senior Citizens Act, 2007, which is relevant to the case, is reproduced below:-

“23. Transfer of property to be void in certain circumstances (1) Where any senior citizen who, after the commencement of this Act, has by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal.”

8. Perusal of said provision reveals that a transfer made by a Senior Citizen can be declared to be void only if the transfer was made with the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities to the senior citizen.

9. In the present case, there was no such condition mentioned in the gift deed, therefore, learned Tribunal was justified in rejecting application made by petitioner. The summary proceedings, under Maintenance & Welfare of Parents and Senior Citizens Act, 2007, are not meant to decide property or civil