Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Transfer of property to daughter by mother - Re-conveyance of property - In the instant case, property transferred by way of gift to daughter by mother on condition that daughter will look after the mother - However, there is no evidence on record that daughter refused to look after the mother..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Existence of passage - Mere recitals in the sale deed cannot establish the existence of passage - Said recitals has to be corroborated from other cogent, convincing and reliable evidence...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23(1) -- Essential ingredients - Parameters to be satisfied are: (i) person who has filed application must be senior citizen; (ii) he or she must have transferred his property after commencement of Act i.e after 29.12.2007; (iii) transfer of property may be by way of gift or otherwise; (iv) transfer..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23(1) -- Void transfer - Application has been filed by petitioner in order to avoid a document by which title of property has been transferred without filling suit for declaration in Civil Court - Petition dismissed...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23(1) -- Void transfer - All that has to be proved by senior citizen/parent that he/she had transferred title of property to other party with condition that said party shall provide basic amenities and basic physical needs and has to prove that said party has refused or failed to provide such..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23(1) -- Void transfer - Parents/senior citizen is required to prove that transfer of property has been made after commencement of Act meaning thereby any transfer of property prior to commencement of Act cannot be avoided by filing an application u/S.23(1) of Act...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Mere presumption or possible apprehensions - Not sufficient for seeking transfer - Transfer can only be ordered on good and sufficient grounds...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Merely because sale deed was not given effect in the revenue record, same does not extinguish right of purchaser...........
Maintenance and Welfare of Parents and Senior Citizen Act, 2007, Section 23 -- Transfer of property by senior citizen - Failure to provide basis amenities by the transferee - For declaring deed of transfer to be void it is not the legislative requirement that providing basic amenities and physical needs to the transferor should have been mentioned in the deed of transfer -..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Where executant of sale deed wants it to be annulled, he has to seek cancellation of deed - If no, executant seeks annulment of sale deed, he has to seek a declaration that deed is invalid, or no, est, or illegal or that it is not binding on him...........
