Punjab and Haryana High Court Addresses Misuse of Senior Citizens' Maintenance Act in Family Property Dispute

Court emphasizes welfare of senior citizens while resolving property transfer issues under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

In a significant judgment, the Punjab and Haryana High Court addressed the misuse of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, in a family property dispute. The case, titled "Chattan Singh v. Deputy Commissioner-cum-Presiding Officer, Maintenance Appellate Tribunal," revolved around the cancellation of a property transfer deed executed under the condition of maintaining a senior citizen.

Presided over by Justice Kuldeep Tiwari, the court dealt with a petition filed under Article 227 of the Constitution of India. The petitioner, Chattan Singh, a senior citizen, sought the cancellation of a transfer deed executed in favor of his relatives, citing non-compliance with the maintenance condition stipulated in the deed. The petitioner claimed that post-transfer, the respondents ceased to provide for his basic needs and maintenance.

The court noted that the Maintenance Tribunal had previously ruled in favor of Chattan Singh by canceling the transfer deed, a decision challenged by one of the respondents, Kamalpreet Singh, leading to a remand for fresh adjudication. Despite the Tribunal's subsequent decision to reject the petitioner's request for deed cancellation, it ordered a monthly maintenance payment of Rs. 24,000 to be shared by the three respondents.

Justice Tiwari highlighted that the primary issue was whether the respondents had breached the maintenance condition. The court found no concrete evidence to support the petitioner's claims against respondent No. 5, Kamalpreet Singh, who had allegedly continued maintaining his grandfather and even paid for medical expenses. The judgment criticized the apparent strategy of respondents Nos. 3 and 4 to annul the transfer deed for ulterior motives, thereby misapplying the Act meant for senior citizens' welfare.

Concluding the case, the court ordered the reversion of the property shares of respondents Nos. 3 and 4 back to the petitioner while retaining respondent No. 5's share. It directed Kamalpreet Singh to continue his maintenance payments, ensuring the senior citizen's welfare remained a priority.

This judgment underscores the judiciary's commitment to protecting senior citizens' rights while curbing the misuse of legal provisions for settling familial property disputes.

Bottom Line:

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Transfer deed with condition to maintain senior citizen - Family property disputes cannot be settled under the garb of invoking provisions of the Act.

Statutory provision(s): Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Sections 23, 16

Chattan Singh v. Deputy Commissioner-cum-Presiding Officer, Maintenance Appellate Tribunal, (Punjab and Haryana) : Law Finder Doc Id # 2804192