Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property of senior citizen - Transfer was done out of love and affection - There was no condition to maintain appellant in said transfer deed - Tribunal without taking into consideration what basic amenities or basic physical needs were not provided for by son or..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - No clause in the transfer deed that petitioner/son is liable to maintain respondent No.5 - Even, nothing on record with regard to non-providing of basic amenities by petitioner - Once maintenance was granted by Tribunal, same cannot be set aside without pointing..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Mother executed the gift deed in favour of her son with a hope that son will take care of her interest and will provide basic amenities and physical needs to his mother - Stand of son cannot be accepted that there is no obligation on the part of son to take care of..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Relevant factor to be considered while deciding an application for cancellation of transfer deed is as to whether beneficiary provided the basic amenities and basic physical needs to transferor, more so, when transfer was made subject to said condition...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of daughter - Father is aged about 75 years of age in 2021 - Nothing on record to even remotely show that basic amenities were being provided by petitioner - Once the ingredients of S.23 of the Act are fulfilled, application ought to be allowed - Transfer..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Relevant factor to be considered while deciding an application for cancellation of transfer deed is as to whether beneficiary provided the basic amenities and basic physical needs to transferor, more so, when the transfer was made subject to the said condition...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of sons - Respondent no.4 is the mother of petitioner and respondent no.5 - Nothing on record to even remotely show that basic amenities were being provided by petitioner to mother - Moreover, even with respect to the fact of rent and pension being..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property of father - Specific condition was incorporated in transfer deed that petitioner/son will have to provide all basic amenities and fulfill the necessary needs of transferor and in case of not doing so, transferor would be entitled to take back the property..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Transfer to be void - Onus is upon transferor who invokes S.23 of the Act to show that transfer of property in dispute either by way of gift or otherwise bore condition that transferee shall provide basic amenities and basic physical needs to transferor...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - No condition mentioned in gift deed which mandated petitioner to provide basic amenities and physical needs to senior citizen and without incorporating such a condition in the gift deed, the same cannot be declared as null and void - Gift deed was executed in 2010 and..........
