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

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