Showing : 1-10 of 28 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23-- Cancellation of transfer deed - Law only contemplates breach on the part of transferee in providing amenities and physical needs to the transferor - It does not stipulate that condition of providing maintenance should be part of such transfer...........
KERALA HIGH COURT
Year of decision: 2019
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23-- Cancellation of transfer deed - If love and affection was the circumstances for executing such deed, any failure on the part of transferee to provide amenities and physical needs to the transferor would attract the grounds for revocation u/s 23 of the Act - Any emotional detachment or creation of..........
KERALA HIGH COURT
Year of decision: 2019
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23-- Cancellation of transfer deed - Scope of inquiry in a matter related u/s 23 of the Act must be related and confined to circumstances under which document was executed - Strict pleadings or evidence cannot be insisted in such proceedings - Law only contemplates breach on part of transferee in..........
KERALA HIGH COURT
Year of decision: 2019
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23-- Cancellation of transfer deed - Any emotional detachment or creation of an atmosphere as opposed to one demanded by a senior citizen would be sufficient to attract S.23 of the Act...........
KERALA HIGH COURT
Year of decision: 2019
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23-- Cancellation of transfer deed - Scope of inquiry u/s 23 of the Act - Tribunal has to follow procedure for enquiry as in an inquisitorial system and not as in an adversarial litigation - Irrespective of pleadings raised by senior citizen, he has to address grievance of senior citizen as expressed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23-- Cancellation of transfer deed - Mother transferred her property in favour of two daughters/petitioners - Specific averments on record that petitioners subsequent to transfer deed, neglected their mother - Mother has no source of income and she is more than 90 years of age - Transfer of land in..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 15-- Cancellation of gift deed in favour of grandson executed by grandfather - Judicial review/writ petition - Maintainability - Maintenance Tribunal and Appellate Tribunal being quasi-judicial bodies are inferior to High Court - Tribunals constituted under the Act are an alternative redressal..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, 27-- Cancellation of gift deed in favour of grandson executed by grandfather - Parallel proceedings - Grandfather approached civil Court for cancellation of gift deed before seeking declaration of gift deed as null and void under the Act - Gift deed was not voluntary executed but was obtained by fraud,..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, 27-- Cancellation of gift deed in favour of grandson executed by grandfather - Jurisdiction of civil Court - Unconditional gift deed executed by grandfather out of love and affection in favour of his grandson - No responsibility cast on grandson to maintain grandfather - Grandfather had even no right..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 6(2)-- Cancellation of gift deed in favour of grandson executed by grandfather - Non-impleadment of necessary and proper party - Grandson not made party to proceeding before Tribunal - He was a necessary and proper party to proceedings - Order of cancellation of gift deed passed by Tribunal suffered from..........

Showing : 1-10 of 28 Results