Non-Production Of Case Property And Missing Link Evidence In Seizure Cases Vitiates Prosecution: Himachal Pradesh High Court Employees Compensation Act | Death Due To Cardiac Arrest During Employment Is An 'Accident' Arising Out Of Stress And Strain Of Duty: J&K High Court Transfer Of Proceedings | Courts Must Issue Fresh Notice To Parties Even If They Had Appeared Before The Transferor Court: Kerala High Court Sets Aside Ex-Parte Award Section 80P(4) IT Act Does Not Deny Deduction To Regional Rural Banks As They Retain The 'Deemed Co-operative Society' Status Under Section 22 RRB Act: Madras High Court Property Purchased In Name Of Child For Family Benefit Is Not A 'Benami Transaction' Under Section 2(9) Of The 1988 Act: Madhya Pradesh High Court Person Without Caveatable Interest Cannot Challenge Will Or Seek Revocation Of Probate: Madras High Court Divorce | Cruelty Must Be Assessed By Cumulative Effect Of Matrimonial Conduct Rather Than Isolated Incidents: Orissa High Court Merely Labeling Insurance Policy As Comprehensive Does Not Create Unlimited Liability: MP High Court Order VII Rule 11 CPC | Plaint Must Be Rejected If Limitation Bar Is Apparent From Face Of Pleadings: Patna High Court Limitation Act | 'Sufficient Cause' Cannot Be Used To Revive Stale Or Dead Claims By State: Orissa High Court Quashes Order Condoning 53-Year Delay Employee Cannot Remain Dormant Like Rip Van Winkle & Awaken At Convenience: Punjab & Haryana High Court Dismisses Stale Service Plea With ₹25K Cost Section 29 NDPS Act | Mere Allegation Of 'Cooperation' Without Specific Overt Acts Cannot Sustain Charge Of Conspiracy: Rajasthan High Court Forest Land Status Does Not Extinguish Private Civil Title: Punjab & Haryana High Court Upholds Decree For Possession Once Admitted In Evidence, Document Cannot Be De-Marked On Grounds Of Insufficiency Of Stamp Duty: Telangana High Court Section 190 BNSS | Mere Presence In Unlawful Assembly With Active Intent Renders Member Vicariously Liable For Homicidal Act: Punjab & Haryana High Court Contributory Negligence Under Motor Vehicles Act Cannot Be Inferred Without Cogent Evidence: Telangana High Court Enhances Compensation Motor Vehicles Act | Section 164 Compensation Of Rs. 5 Lakhs Applicable Even To Pending Claims Arising Prior To 2019 Amendment: Punjab & Haryana High Court Consumer Protection Act | Builder Liable To Pay Interest For Delayed Possession Despite Force Majeure Plea If Agreement Executed Post-Outbreak: State Commission

”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