High Court · 2025

Petition under Article 226 of rhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court inay be pleased to issue a writ, order or Direction more particularly one in the nature of Writ of Certiorari, by calling for the records relating to and in ponnection with the 3'd Respondent s order dI. 12.01 .2023 in Case No. Hl221SlZO22 and quash the same. lA NO: 2 OF 2023 Petition undqr Section j51 Cpe praylt]g that in the eircumstances stated in the affidavit filed in support of the petition, the High Court may be pteased to suspend the 3'd Respondent's order dt. 12.01 .2023 ip Case No. Ht221512022, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI P. ROY REDDY Counsel for the Respondents No.1 to 3, 6 & /: Gp FOR REVENUE Counsel for the Respondent No.S: -. Counsel for the Respondent Nos.8 & 10: SRI B. RAVIKIRAN SINGH Counsel for the Respondent No.9: SRI K. DURGA PRASAD The Court made the following; OROER 7 o HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PE?ITION No.30278 of 2023 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking following relief "....to issue a Writ, Ord.er or Drection more particularlA one in the nature of Wnt of Certiorai, bg calLing for the records reLattng to and in connection with ttte 3d Respondent's order dt.12.01.2023 in Case No.H/ 2215/ 2O22 and quash the same..."

2. It is stated that the respondent No.4, who is maternal grandfather of the petitioner has instituted a Case vide No.Hl2215l2O22 on the fi1e of the respondent No.3-Revenue Divisional Officer, Rajendranagar Division, under the provisions of the Maintenance of Parents and Senior Citizens Act, 2OO7 (for short "Senior Citizens Act,2OO7"l seeking to cancel the registered gift deed bearing document No.2la57 12O19 dated 20.l2.2Olg in respect of 5fr and 6th floors of the building situated on plot No.3 aiong with common share in the land and building covered by premises bearing Municipal No. 1- 1 1 | / I I 17 /JF 13, Sy.No.70, Jaagruti Foundarions, Kondapur Village, Serilingampally Mandal, Ranga Reddy District, in favour of petitioner and also registered gift deed bearing document No.21855/2019 dated 2O.L2.2O19 in respect of 3'd and 4tn floors of 2 the building situated on Plot No.3 along with common share in the land and building covered by premises bearing Municipal No.l- lll I | 117 lJFl3, Sy.No.70, Jaagruti Foundations, Kondapur Village, Serilingampaily Mandai, Ranga Reddy District, in favour of Mr. p. Harshal (brother of petitioner) making certain allegations against the father of the petitioners i.e, son-in-law of the respondent No.4 and that the purpose of gifting the properties in favour of donees proved fertile as they did not look after donor and his daughter. It is further stated that the respondent No.3 vide impugned order dated

12.01.2023 allowed the Case No.Hl22l5l2022 holding th'at the gift deed bearing document Nos.21855/2019 and 21857 /2019 are liable to be cancelled and accordingly, directed the Joint Sub-Registrar-2, Ranga Reddy District, to take necessary action for cancellation of said gift deeds. It is the case of the petitioner that no notices were served on him or his brother as they are residing in USA. It is further case of the petitioner that Section 23(1) of Senior Citizens Act, is not at all attracted as the registered gift deeds do not contain any clause/ covenants subjecting the gift to the condition that the transferee shail provide the basic amenities and physical needs to the transferor and placed reliance on the decision of the Hon'ble Supreme Court in Sudesh Chhikara as. Ra:mti Deti and anothert. It is also case of the petitioner that once the right has been created irr ' (2022) r7 scR 876 J his favour, such right cannot be taken away without following due process of law and rnore particuiarly in the absence of applicability of Section 23(ll ol the Senior Citizens Act. It is further the case of the petitioner that after passing of the impugned order dated.

12.01.2023, Respondent No.4 expired on 2O.7O.2O23, and if any person claiming to be his legal heir disputes the registered gift deeds executed in favour of the petitioner and his brother, such person must avail appropriate remedies before the competent Civil Court, as the legal heirs of the deceased executant do not have any right to dispute the gift deed in the absence of the executant himself contesting the matter.

3. A counter affidavit has been filed by the respondent No.B inrer alia stating that Respondent No.4 passed away on 2O.1O.2O23, leaving behind four children as his legal heirs. It is also stated that the wife of Respondent No.4 predeceased him. According to the respondent, the property held by the Respondent No.4 would naturally devolve upon his children, and the petitioner, being fully aware of this fact, has deliberately and wantonly Iiled the present writ petition without impleading the legal heirs as necessary parties, and that too after a lapse of nine months. It is further stated that the petitioner has approached this Court with unclean hands, and the writ petition is therefore liable to be dismissed on the ground of I .- \ --'- .1 4 suppressio uei, suggestio falsi. It is contended that Respondent No.3 has rightly exercised the powers conferred under the Senior Citizens Act, and upon considering the failure of the petitioner to provide medical and basic needs to the Respondent No.4 (Senior Citizenl, rightly passed the impugned order, which does not warrant interference by this Court under Article 226 of the Constitution of India and accordingly, prayed for dismissal of the writ petition.

4. Considered the submissions of learned counsel for the respective part-ies and perused the record.

5. Before adverting to the contentions of either of the parties, it is necessary to extract relevant recitals of the gift deeds bearing document Nos.21855 and 21857/2O19 dated 2O.I2.2O19, whrch reads as under: "1. In pursuance of this Gift Deed, the Donor herebg gifts the sched.ule mentioned property is herebg transferred uLill full rights front the d.ate of this deed antd the Donee ho.s accepted the 1jifi. and ttrus the Donor llerebA conueA, transkr and assign the schedule propertA to the use of the Donee uitlL all ights to slienate, title and interest in the schedule propertA of the Donor unto the Donee, foreuer as ordinarilg conueged on such gifi.

2. The Donor herebg couenant and declare that lle possess all ualid rights, titles and interests to conueg by utag of a Gifr. unto and to the use of the Donee in the manner aforesaid.

3. Furthenrtore, the Donor shnll and uilt from time to tinLe upon the request of the Donee do or execute all such acts, deeds and things uhatsoeuer for furlher and more particularlg and perfectty assuing the s-chedule propertA ond euery part thereof unto the Donee and ptaciig the Donee in possession of the same according to the intents and ^.oiing, of these pre:;ents as shall or as mag be reasonablg required. - -5

4. The Donor furlher couenant and cleclare that the schedule property is the propertu of the Donor and is free from afi encumbranies, qcquisitton, charges, clcims, litigations and demands and. tLlat the Donor hrzs not done angthing uhere the schedule propertg mag be su-bieaed to anA court attqchment or lien or ang court o, pir"oi uthatsoiuer and_ that there is no minor cLatms or maintenance iloi^" o, oig ith", p"r.on o, persons urhomsoeuer. "pptg -Donor ,outhoity hereafier and shall be entitled to

5. Tfu)t the herebg assure the Donee, that all taxes/ cesses haue oeen patd bU the Donor to the competent authority in respect of the schedule propertg up to date of registiation of this Gifi. Deed. 6. The Donee shall pag aT.the toxes/ cesses charges including the paAment of the propertA tax in respect of the schedile propertA to the j* iutation competent oJ ottnersnrp rn atl concented departments and can gift, sell, mortgage and do uhatsoeuer she uants. 7. That the Donor had deliuered the uacant, physical and peaceful possession of the schedule propertA to the Donee ,TO HAVE AND TO HOLD" the same absolutelg and. foreier. 8. TIIAT tlrc rights, titles, interests, easements, priuileges, appurtenances, liberties, enjogments and possessrons are trciebg transkrred bg utag of gtjt rznd subslsts in fauour of the Donee absolutelg and foreuer. 9. THAT the Donor has handed ouer tlrc copies of Ti e Deed/s, Doanment/ s, Link Document/ s and other Releuait eapJr/ s etc., reLating to the Schedule mentioned propertg to the Donee herein for his record.s. !? ryP Donor hereby retains the First Floor of the said. building with htmself and gifi the sched.ule merttioned. propeft{ to the iilnee herein. 1.1. The Donee sluu obeg all the tenns and conditions of the Welfare Association formed,/ to be fonned. bg the Jlctts outners of the said. complex. 12. Th,e Donee shsll become members along uith the other flats ou.tners of the welfare Association and. sha agree itt tn" t.r oia-conditions of the Welfare Association. The Donee shall atso pag ihe proportionate charges periodicallA to the Welfare Association of tirc"said Complex. "

13. That the Land affected bg this document is not surplus land. uested. ln g-ouemment being less |han the ceiling limit, ior an a-ssigned ,:! S:y1y!:"t land as deflned. und.er the p'rouisions in seaion 2(i) Act No.9 of 1977."

6. A careful reading of the above recitals would reveai that the donor i.e, respondent No.4 out of love and affection has executed the gift deeds in favour of his grandchildren i.e, petitioner and his I 6 brother. There is no condition in the gift deeds that the transferee/donee shall provide basic needs to the transferor/donor and failure to provide such necessities by the transferee/donee the transfer of propert5r made in favour of the donee shall be deemed to be declared to be fraud or coercion and liable for cancellation. The Senior Citizens Act was enacted with a laudable object for providing maintenance and welfare of senior citizens and parents taking into consideration the modern trends in the joint family system and a large number of elderly people are not being looked after by their family members in providing hnancial assistance and 'attending medical emergencies. This legislation empowers the Senior Citizens to cancel the gift deeds executed by them in lavour of their children/near relatives and declare such transactions as void.

7. It is apt to refer Section 23 of the Senior Citizens Act, which reads as follov.,s "23. TraisJer of propertA to be uoid in certain circumstances. -- (1) Where onA senior citi-zen who, after tLrc commencemenl of this Act, hr:s transferred by utay of gtj1. or othenaise, his propertg, subject to the condition that the transkree shatl proutde the ba_sic amenities and. basic physical rleeds to the transferor and such transferee refuses or fails to prouide such amenities and phgsicaL needs, the said transfer of propertg shall be dee)med to haue been made bg fraud. or coercion or rLnd.er undue inJluence artd shall at th.e option of the transferor be declarec) uotd bg the Tribunal. (2) Where a,tA senior citizen hc"s a right to receiue maintenance out of an estate and such estate or part thereof is transferred., the right to reiei.ue maintenance mag be enforced against the transferee if the transferee has notice ofthe igh; or i,f the transfer is grahtitius; bui not agciinit the transferee for consideration and uithout notice of ight. 7 (3) If, any senior citizen is incapable of enforcing the ights under sub- seclions (1) and (2), action may be token on his behalf by ang of the organisation refered to in Explanation to sub section (1) of section 5.

8. A careful perusal of above provision makes it clear that for invoking Section 23, t!;re following pre-requisites have to be fulfilled. i.e, 1) The transfer must have been made subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor; arrd 2) the transferee refuses or fails to provide such amenities and physical needs to the transferor. If both the aforesaid conditions are satisfied, by a legal fiction, the transfer shall be deemed to have been made by fraud or coercion or undue influence. Such a transfer then becomes voidable at the instance of the transferor and the Maintenance Tribunal gets jurisdiction to declare the transfer as void. 9, The issues raised in this writ petition are no longer res integra in view o[ the decision of the Hon'ble Supreme Court in Sadesh Chhikara us. Rannti Ded and another (supra), wherein it was observed as under: "13. Wten a senior citizen parts with hts or her propertA bll exealting a gtfi or a release or otheru,ise in fauour of his or her near and d.ear ones, a condition of looking afr.er the senior citizen is not necessailg attached to it. On the contrary, uery often, such transfers are made out of loue and affection without ang expectation in return. Therefore, uthen it is alleged. that the conditions mentioned in sub section (1) of Section 23 are attached to a transkr, existence of such conditions must be established. before the Tibunal." l 8

10. In the present case, it is stated that Respondent No.4 had personal differences with his son-in-law i.e., father of the petitioner, and there is no recital in the registered gift deeds casting any responsibility upon the petitioner to maintain Respondent No.4 or his legai heirs, who have been impieaded in this writ petition. A careful reading of the recitals of the gift deeds reveals that the subject property was gifted to the petitioner purely out of love and affection. After passing of the impugned order dated 72.01.2023 by the Respondent No.3, the Respondent No.4 expired on 20.1O.2023.lt is not the case of the unoflicial respondents that the subjecl property devolved upon them through any testamentary document. If the unofficial respondents are having any grievance regarding the execution of tlie registered gift deeds by Respondent No.4 during his lifetime, the proper remedy lor them is to approach the competent Civil Court and seek appropriate relief in accordance rvith law. Since the conditions prescribed under Sectioh 23 of the Senior Citizens Act, have not been fulfilled for cancellation of the registered gift deeds executed by Respondent No.4, the petitioner's case is squarely covered by the decision of the Hon'ble Supreme Court in Sudesh Chhika,ra as. Ramti Ded and Another (supra). The relief sought in the writ petition pertains to the cancellation of the registered gift deeds, and the question that fell for consideration is whether the matter attracts the provisions of Section 23 of the Senior Citizens Act _- t l I 9 and the Respondent No.3 had jurisdiction to cancel the gift deeds executed by the Senior Citizen. In the opinion of this Court, since the requirements under Section 23(1) of the Act are not satisfied, and as Respondent No.4 has passed away, his legal heirs do not have the right to contest the matter under the provisions of the Senior Citizens Act

11. For the aforesaid reasons, this Court is of the opinion that cancellation ol gift deeds dated 20.12.2019 by the respondent No.3 vide impugned order dated 12.01.2023 is without jurisdiction and beyond the scope of the Senior Citizens Act. Thbrefore, the order impugned in this writ petition is liable to be set aside.

12. Accordingly, this Writ Petition is allowed and the impugned order dated 12.01.2023 passed in Case No.H/22l5l.2OZLZ Ay tne respondent No.3 is set aside. Miscellaneous petitions, iI any pending in these writ petitions shall stand closed. No order as to costs. SD/.P. PADMANABHA REDDY EPUTY REGISTRAR \ //TRUE COPY// SECTION OFFICER To, 1 The Principal Secretary, Revenue Department' State of Telangana' I Secretariat i3uildings, Hyderabad District Department Ranga Reddv District ofr icer, Rajend ranasar Division' Attapu r

2. ih; Di;i*,r:-C;iilt";, ni,i,su R"dov District, Konsara Kalan 5. iii; -R;;;;;e -oivid'onat ; iii;'D;;;;i n"g'i;-i,;', R;s;i;;iio;-;;d stlmps Department' Ransa Reddv s. ih"""jtint Sub-Registrar, Ranga Reddy (Ro)' Registration and Stamps 6. 5;Et'C'i" S-nr plHov R'roov, Advocate [oPUC] ; i;; ct; i. b'p fo|. R;;;;, High CoLirt for the State of relansana at 8 il;;"bd 6 Snt-e.' Revl rt nAN sl NGH, AdvocateloP UCI E. 5ll! 66 i; 5Hi r. rjunoA PRASAD' Advocate toPUCl 1 0. Two CD CoPies Hvderabad [OUT] \ IVIP Oi\ lr- HIGH COURT DATED:0810412025 ,r. f i',E ST4 rs o MAPR 1E q o t) t o n ri) C .A= ER WP.No.3O278 ot 2023 ALLOWING THE WRIT PETITION WITHOUT COSTS ?p- t'b -(-l./ )