Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Transfer deed in favour of son and grandsons - Set aside - Challenged on technical ground that proper procedure prescribed u/s 23 of the Act is not followed - This technical plea is wholly misplaced owing to the objects and reasons of the Act and with a view to achieve the laudable object of..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Eviction - Unauthorized occupation by son - Second application for eviction after first application for maintenance - Held, second application is maintainable...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Eviction - Unauthorized occupation by son - House solely belongs to father - Objection by son that property in question is ancestral is of no consequence after categoric findings recorded by Civil Court, contrary to it, that property in question solely belongs to father and not ancestral in..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Eviction order - Jurisdiction of Tribunal - Tribunal constituted under the Act is not empowered to order eviction of a tenant in a building for the benefit of a parent or senior citizen, as Tribunal has no jurisdiction to take away the rights conferred on a tenant under rent control..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16, 5, 2(b), 2(d), 2(f), 4, 9, 23 -- Eviction order - Tribunal to pass an order keeping in view the object of the Act for grant of maintenance - However, if Tribunal comes to conclusion after considering rival merits, it will be open to follow decision reported as 2013(3) Civil Court Cases 119..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Eviction order - Harassing parents - This reason tantamount to no reason, much less a valid reason - Said finding is not adjudication of rights of parties on correct line under and in the context of the provisions of Act - More so, impugned order has not touched the aspect of providing..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 16 -- Appeal - Eviction order - Right to appeal is limited to senior citizens and parents, which are treated as aggrieved for the purpose of preferring appeal - Appeal at the instance of son and daughter-i, law who were ordered to be evicted, is not maintainable - In absence of any remedy available,..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Senior citizen - Transfer of property in favour of two daughters - Agricultural land - Transfer made for the services being rendered by daughters in favour of senior citizen - However, transfer deed is totally silent regarding the provision of basic amenities and basic physical needs to..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Senior citizen - Transfer of property in favour of two daughters - Transfer cannot be set aside, merely because one of daughters had suffered a statement for allowing the application of senior citizen, as once the ownership rights vests in the person concerned much less transferee, it cannot be..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 27 -- Competent authority - District Magistrate is the competent authority to take steps for protection of life and property of senior citizen - Jurisdiction of civil Court is barred in respect of all matters falling within jurisdiction of the Act in terms of S.27 of Act...........
