SUDESH CHHIKARA versus RAMTI DEVI & ANR

SUDESH CHHIKARA versus RAMTI DEVI & ANR

Section 23(1) applies only where the transfer was expressly made subject to the transferee providing basic amenities and basic physical needs to the transferor and the transferee then refuses or fails to provide them; because respondent no.1 did not plead or establish that the release deed was made subject to such a condition, the Tribunal's declaration that the release deed was void could not be sustained and the orders of the Tribunal and High Court were set aside.

Parties
Appellant: Sudesh Chhikara; Respondent: Ramti Devi
Jurisdiction
India
Judgment Date
06 December 2022
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 21.05.2019 of the High Court of Punjab and Haryana; Judgment by the Supreme Court Disposing the Appeal
Outcome
Appeal allowed; impugned orders of the Maintenance Tribunal dated 22.05.2018 and the High Court dated 21.05.2019 set aside; petition under Section 23 dismissed.
Legal Topics
Section 23(1) Applicability, Voidable Transfers, Gift and Release Deeds, Maintenance of Senior Citizens
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Transfer of Property Family Law Civil Procedure Section 23(1) Applicability Voidable Transfers Gift and Release Deeds Maintenance of Senior Citizens

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Parties

Sudesh Chhikara

Appellant

Ramti Devi

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 21.05.2019 of the High Court of Punjab and Haryana; Judgment by the Supreme Court Disposing the Appeal

Legal Issues

  1. 1 Whether Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 applies where the transfer was not shown to be conditional on providing basic amenities and basic physical needs to the transferor
  2. 2 Whether a release deed can be declared void under Section 23(1) when the condition required by the provision is neither pleaded nor proved before the Tribunal
  3. 3 Whether the Maintenance Tribunal conducted the inquiry as required by the Act and whether the High Court should have interfered in its writ jurisdiction

Ratio Decidendi

Section 23(1) applies only where the transfer was expressly made subject to the transferee providing basic amenities and basic physical needs to the transferor and the transferee then refuses or fails to provide them; because respondent no.1 did not plead or establish that the release deed was made subject to such a condition, the Tribunal's declaration that the release deed was void could not be sustained and the orders of the Tribunal and High Court were set aside.

Court Disposition

Appeal allowed; impugned orders of the Maintenance Tribunal dated 22.05.2018 and the High Court dated 21.05.2019 set aside; petition under Section 23 dismissed.

Orders

  • Impugned order of the Maintenance Tribunal dated 22.05.2018 set aside
  • Impugned order of the High Court dated 21.05.2019 set aside