Presumption Of Correctness Of Judicial Records Not Absolute And Can Be Rebutted By Direct Evidence: Kerala High Court on Married Daughter Cannot Challenge Partition After 21-Year Slumber If She Had Knowledge: Madhya Pradesh High Court Kerala High Court Orders Immediate Suspension Of Lakshadweep CJM For Allegedly Forging Witness Deposition To Convict Accused Supreme Court Bars Post-Divorce Maintenance Claims When Wife Voluntarily Waived Maintenance In Settlement Agreement Advocate Is An Officer Of Court, Not Mere Agent Of Client: Allahabad High Court Distinguishes Between Active Concealment & Statement In Ignorance, Slaps Cost On Litigants For Misleading Bench Cannot Summon Accused Mechanically On Protest Petition Without Assigning Justifiable Reasons: Andhra Pradesh High Court Increment Not A Bounty: Allahabad High Court Rules Public Holiday Cannot Delay Pay Hike For Teachers Joining Next Working Day Paying Taxes Or Utility Connections Confer No Legal Ownership Over Govt Land': Andhra Pradesh High Court Orders Demolition Of Encroachment 'Cannot Compel Public Authority To Collect Data From Private Bodies': Bombay High Court Quashes CIC Orders Directing SEBI To Procure BSE Records Under RTI Act Section 10 CPC Cannot Stay Previously Instituted Title Suit Pending Subsequent Probate Case; Inherent Powers Under Section 151 Inapplicable When Probate Dismissed: Calcutta High Court Mere Phone Calls Without Transcripts No Ground For Murder Conspiracy: Delhi High Court Clear Violation Of Section 42 NDPS Act': Gujarat High Court Holds Failure To Record Secret Info In Writing Fatal When Police Officer Had Time To Act JK High Court Quashes Criminal Case Against Cop Accused Of Threatening Advocate Over Phone Call Without Prior Sanction Under Section 197 CrPC Custody Unwarranted For Mere Formalities Once Weapon Is Recovered: Kerala High Court Grants Regular Bail In BNS Axe Attack Case Circumstances Of Crime Can Be Assessed During Trial: High Court Upholds Trial Of Minor As Adult Under JJ Act In Murder Case Statutory Deposit Under Order 21 Rule 89 CPC Is A Sine Qua Non; Litigant Cannot Stall Auction Sale By Merely Blaming Counsel: Madras High Court

”As senior citizen’s right to seek benefit under the special statute abates on his/her death.” – PH HC

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the High Court of Punjab and Haryana at Chandigarh delivered its verdict in the case of Gurdeep Singh and others vs. Sub Divisional Magistrate-cum-Presiding Officer and another (LPA-2402-2017), upholding the decision of the Tribunal and rejecting the petition filed by the appellants.

”Transfer in favour of the ward is made with the pious hope that the transferee would continue to serve the parents as he was doing prior to execution of the document.”

The High Court bench comprising of Hon’ble Ms. Justice Jaishree Thakur and Hon’ble Mrs. Justice Sukhvinder Kaur pronounced the judgement on July 21, 2023, after considering the arguments presented by the parties’ respective advocates.

The case revolved around the cancellation of a transfer deed executed under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007. The appellants, represented by Mr. G.S. Punia and Ms. Jagriti Kalia, challenged the order of the learned Single Judge who had upheld the Tribunal’s decision declaring the transfer deed void.

The crux of the dispute lay in the contention by respondent No.2, Nand Singh, that his son, petitioner No.1, had taken advantage of his illiteracy and transferred land to himself with the assurance of taking care of him. However, petitioner No.1 allegedly failed to provide the necessary maintenance and amenities, leading to the cancellation of the transfer deed.

”Legal heirs are given liberty to avail civil remedy available under law.”

In a crucial turn of events, the Court observed that respondent No.2, at whose instance the Maintenance/Appellate Tribunal had passed the impugned order, had since passed away, rendering the proceedings infructuous. The legal heirs were granted the liberty to pursue civil remedies available under the law, allowing them to challenge the transfer deed in question.

This landmark ruling sheds light on the complexities of intergenerational property transfers and sets a precedent for future cases under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.

 

 Date of Decision: 21st July 2023

Gurdeep Singh and others  vs Sub Divisional Magistrate-cum-Presiding Officer and another 

Latest Legal News