Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Disputes as to title and possession of suit property - Authorities under the Act are not meant to adjudicate upon disputes relating to title and possession of immovable properties, more particularly when parties are not related to each other - Such disputes can only..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 16 -- Appeal - There is no remedy of appeal for children in a petition filed by senior citizen before maintenance Tribunal - Only remedy available to them is to file a writ petition u/arts 226, 227 of Constitution provided there are valid grounds to sustain such a challenge...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of brother - Transfer deed contained no recital or stipulation making transfer conditional upon respondent No.3 maintaining or providing for the senior citizen - Although application u/s 23 of the Act may in certain circumstances be maintainable even in..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of daughter-in-law - District Magistrate has not undertaken a proper examination of issues germane to matter i.e ownership of house in question, existence of a shared household and dependency of senior citizen - Eviction order set aside - Matter remanded for a fresh adjudication in..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, 5 -- Cancellation of transfer deed in favour of daughter - Property of mother - Transfer deed contains no recital or stipulation indicating that transfer was conditional upon transferee maintaining or providing basic amenities to transferor - However, transfer was part of a family arrangement,..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Revocation - Senior citizen/respondent who is a childless widow executed registered Gift Deed in favour of petitioner who is daughter of her husband's younger brother - She executed Gift Deed out of love and affection and she was not expecting any benefit from petitioner - An express..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of grandson - Specific recital in transfer deed that transfer is subject to condition of maintaining senior citizen - But, not even a single instance has been pointed out in application that respondent No.5 who used to maintain senior citizen now stopped..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Property stands in the name of Respondent No.4 and he is residing outside the house - Property is occupied by petitioners - Petitioners can only have permission to remain in the property as his family members upon discharging their duty to look after him for his..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 2(g), 4(4) -- Maintenance to senior citizen - Relative - Person who is not a legal heir of senior citizen cannot be a relative under the Act merely because he is in possession of property of senior citizen or would inherit his property - He is thus, not bound to maintain senior citizen...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Protection of Women from Domestic Violence Act,2005 -- Eviction of daughter-in-law - Shared household - Injunction order not to dispossess daughter-in-law from shared household passed in her favour under PWDV Act - Authorities under 2007 Act directed to evict daughter-in-law from shared household..........
