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Home Family Law

Senior Citizens Act – Transfer Deed stated grandson would maintain her – Cancelled – Plea that he has spent lacs of rupees on construction – Not material – Liable to face the consequences

by Punjab Law Reporter
February 28, 2022
in Family Law
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Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (50 of 2007) Section 23(1) – She had executed a transfer deed in his favour hoping that he would take care of her and maintain her and continue doing so in future, but she was careful in getting a clause inserted in the transfer deed that if he did not do so, then the transfer would stand cancelled – That the stand of the petitioner was that he has spent lacs of rupees on raising construction and if he is ordered to be dispossessed from the house, he shall be greatly prejudiced – However, I am not impressed by this contention – The petitioner having been transferred a plot by his grandmother, on the condition that he would take care of her and maintain her, failing in that duty and the transfer being conditional, the property was reverted back to the transferor, whatever money was spent by the petitioner on raising construction was at his own risk – He should have been aware of all these things while spending money on raising construction – As it comes out from the record, after the transfer of property in his favour, he had been neglecting to maintain her – As such he is liable to face the consequences.

(2022-1)205 PLR 736 , 2022 PLRonline 4757

Naveen Kumar v. Ram Rati, (2022-1)205 PLR 736 , 2022 PLRonline 4757

Tags: Maintenance and Welfare of the Parents and Senior Citizen ActSenior Citizen Act - GrandsonSenior Citizen Act - S. 23(1)
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(2022-1)205 PLR 736 , 2022 PLRonline 4757

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