Sudesh Chhikara vs Ramti Devi - 2022 Supreme(SC) 1219

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 1219

SANJAY KISHAN KAUL, ABHAY S. OKA
Sudesh Chhikara – Appellant
Versus
Ramti Devi – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Kanhaiya Singhal, AOR Mr. Arshid Bashir, Adv.
For the Respondent(s): Mr. Sunil Fernandes, AOR Mr. P. Ramesh, Adv. Ms. Nupur Kumar, Adv. Ms. Diksha D., Adv. Mr. Divyansh Tiwari, Adv. Mr. Divakar Kumar, AOR Mr. Gagan Gupta, AOR

JUDGMENT :

Abhay S. Oka, J.

FACTUAL DETAILS

1. This appeal arises out of a petition filed by respondent no.1 under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, ‘the 2007 Act’).

2. Respondent no.1 acquired a land bearing Khewat no.87, Khatoni no.124, Khasra no.315 measuring 1 bigha 18 biswa. She also acquired a land bearing Khewat No.247, Khasra No.269 (4 bighas 0 biswa) totally measuring 5 bighas and 3 biswa in Village Basai, Tehsil and District Gurugram, Haryana. She claimed that the acquisition was by way of inheritance from her father. The family tree of the parties is as under :

Ramti Devi W/o. Late Sukh Lal

(Respondent no.1)

Smt. Suresh

(dead)

(daughter)

Smt. Sudesh

(daughter)

Appellant

Sunder

(son)

Jasdeep

(Respondent no.2)

Manish

3. Respondent no.1 executed a release deed in respect of a part of the subject property in favour of her daughters (the appellant and second respondent’s mother). The said release deed (no.18151) was executed on 14th November 2008 and was duly registered. As per the sa

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2022 Supreme(SC) 1219

SANJAY KISHAN KAUL, ABHAY S. OKASudesh Chhikara – AppellantVersusRamti Devi – Respondent

SANJAY KISHAN KAUL, ABHAY S. OKA
Sudesh Chhikara – Appellant
Versus
Ramti Devi – Respondent