Charan Singh v. State of Punjab and Others and Others
Case Details
CWP-28268-2024 2024 (O&M) -1- 209 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH -.- CWP CWP-28268-2024 (O&M) Date of Decision : 29.07.2025 Date of Decision : Charan Singh ....Petitioner VERSUS State of Punjab and Others and Others ....Respondents HARSIMRAN SINGH SETHI CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI CORAM : HON'BLE Present:
Legal Reasoning
Mr. Mohinder Singh Joshi, Advocate Mr. Mohinder Singh Joshi, Advocate Mr. Mohinder Singh Joshi, Advocate for the petitioner. for the petitioner. Mr. Rahul Rampal, Addl. A.G., Punjab. Mr. Rahul Rampal, Addl. A.G., Punjab. Mr. Rahul Rampal, Addl. A.G., Punjab. Mr. Loveleen Nanda and Mr. Loveleen Nanda and for respondent No.5. Mr. Harjit Singh, Advocates for respondent No.5. Mr. Harjit Singh, Advocate -.- HARSIMRAN SINGH SETHI, J. (Oral) HARSIMRAN SINGH SETHI 1. , the grievance being raised by the senior citizen is , the grievance being raised by the senior citizen In the present petition, the grievance being raised by the senior citizen In the present petition that he had given property i.e.H.No.1455, Phase 5, Sector 59 SAS Nagar that he had given property to his i.e.H.No.1455, Phase 5, Sector 59 SAS Nagar to his daughter (respondent No.5), but res (respondent No.5), but respondent No.5 daughter is not taking care of him pondent No.5 daughter is not taking care of him and therefore, the afore-mentioned property is liable to and therefore, the to the is liable to be reverted back to the petitioner-senior , which fact has not been appreciated by the authorities enior citizen, which fact has not been appreciated by the authorities , which fact has not been appreciated by the authorities exercising jurisdiction under the Maintenance and Welfare of Parents and exercising jurisdiction under the Senior Maintenance and Welfare of Parents and Senior Act, 2007 (hereinafter referred to as, the 2007 Act’) while denying the said Act, 2007 (hereinafter referred to as, the 2007 Act’) while denying the sai Act, 2007 (hereinafter referred to as, the 2007 Act’) while denying the sai Citizen Act, 2007 (hereinafter referred to as, the 2007 Act’) while denying the sai , which is of cancellation of the transfer deed dated 10.11.2021 to the petitioner, which is of cancellation of the transfer deed dated 10.11.2021 claim of cancellation of the transfer deed dated 10.11.2021 causing prejudice. causing prejudice 2. Learned counsel for the petitioner Learned submits that once the property in submits that once the property question was given by the was given by the petitioner-senior citizen to daughter, it senior citizen to respondent No.5-daughter, it being becomes a duty of the daughter to take care of her father, which duty is not being becomes a duty of the daughter to take care of becomes a duty of the daughter to take care of TRIPTI SAINI 2025.08.02 10:27 I attest to the accuracy and integrity of this document CWP-28268-2024 2024 (O&M) -2- performed by the daughter and therefore, the requisite performed by the daughter and the s of Section 23 of the 2007 Act requisites of Section 23 of the 2007 Act are not complied with in the present case, but complied with in the present case, but still has not still the property in question has not been reverted back to the petitioner-senior citizen and therefore, the orders been reverted back to the dated senior citizen and therefore, the orders dated 20.10.2023 (Annexure P-5) and 28.08.2024 (Annexure P 20.10.2023 (Annexure P passed by the authorities 5) and 28.08.2024 (Annexure P-6) passed by the authorities , may kindly be set aside. concerned exercising jurisdiction under 2007 Act, may kindly be set aside. concerned exercising jurisdiction under 2007 Act 3. Learned counsel appearing on behalf of respondent No.5 (daughter) Learned counsel appearing on behalf of respondent No.5 (daughter) Learned counsel appearing on behalf of respondent No.5 (daughter) Learned counsel appearing on behalf of respondent No.5 (daughter) i.e House No.1455 Phase 5 Sector 59, SAS submits that the transfer of the property i.e House No.1455 Phase 5 Sector 59, SAS i.e House No.1455 Phase 5 Sector 59, SAS submits that the tran daughter has to without there being any condition that respondent No.5-daughter has to without there being any condition that Nagar, was without there being any condition that take care of the petitioner senior citizen, which is one of the requisite of Section 23 of petitioner-senior citizen, which is one of the requisite of Section 23 of senior citizen, which is one of the requisite of Section 23 of 2007 Act. Further is in occupation of the said property Further, the petitioner-senior citizen is in occupation of the said property is in occupation of the said property even as of now and is enjoying the rent from the said property and no benefit of the even as of now and is enjoying the rent from the said property and no benefit of the even as of now and is enjoying the rent from the said property and no benefit of the even as of now and is enjoying the rent from the said property and no benefit of the said property has been taken by respondent No.5 said property has been taken by and therefore, the respondent No.5-daughter so far and therefore, the conditions mentioned in Section 23 of the 2007 Act conditions mentioned that the senior citizen is to be 3 of the 2007 Act that the senior citizen is to be maintained by the daughter, are not required to be maintained by the daughter, fulfilled in the facts and required to be fulfilled in the facts and circumstances of the present case and the orders dated 20.10.2023 (Annexure P circumstances of the present case and the orders 5) and dated 20.10.2023 (Annexure P-5) and . 28.08.2024 (Annexure P-6) passed by the authorities concerned are perfectly valid ed by the authorities concerned are perfectly valid. 28.08.2024 (Annexure P 4. I have heard learned counsel for the parties and gone through the record I have heard learned counsel for the parties and gone through the record I have heard learned counsel for the parties and gone through the record I have heard learned counsel for the parties and gone through the record with their able assistance. with their able assistance 5. cancellation of the transfer deed dated The claim of the petitioner for cancellation of the transfer deed dated cancellation of the transfer deed dated The claim of the petitioner for 10.11.2021 for reverting back the house reverting back the house in question which was transferred in the in question which was transferred in the daughter by the senior citizen is under Section 23 of the name of respondent No.5-daughter by the senior citizen is under Section 23 of the daughter by the senior citizen is under Section 23 of the name of respondent No.5 - 2007 Act. The Section 23 is reproduced as under:- 2007 Act. The Section 23 is reproduced as under: 23. Transfer of property to be void in certain circumstances “23. Transfer of property to be void in certain circumstan 23. Transfer of property to be void in certain circumstan 1. Where any senior citizen who, after the commencement of this Where any senior citizen who, after the commencement of this Where any senior citizen who, after the commencement of this Act, has by way of gift or otherwise, his property, subject to the Act, has by way of gift or otherwise, his property, subject to the Act, has by way of gift or otherwise, his property, subject to the Act, has by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic condition that the transferee shall provide the basic amenities and basic condition that the transferee shall provide the basic amenities and basic condition that the transferee shall provide the basic amenities and basic TRIPTI SAINI 2025.08.02 10:27 I attest to the accuracy and integrity of this document CWP-28268-2024 2024 (O&M) -3- nsferee refuses or fails to physical needs to the transferor and such transferee refuses or fails to physical needs to the transferor and such tra physical needs to the transferor and such tra provide such amenities and physical needs, the said transfer of property provide such amenities and physical needs, the said transfer of property provide such amenities and physical needs, the said transfer of property provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue shall be deemed to have been made by fraud or coercion or under undue shall be deemed to have been made by fraud or coercion or under undue shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by influence and shall at the option of the transferor be declared void by influence and shall at the option of the transferor be declared void by influence and shall at the option of the transferor be declared void by the Tribunal. the Tribunal. 2. Where any senior citizen has a right to receive maintenance out of Where any senior citizen has a right to receive maintenance out of Where any senior citizen has a right to receive maintenance out of an estate and such estate or part , thereof is transferred, the right to an estate and such estate or part , thereof is transferred, the right to an estate and such estate or part , thereof is transferred, the right to an estate and such estate or part , thereof is transferred, the right to receive maintenance may be enforced against the transferee if the receive maintenance may be enforced against the transferee if the receive maintenance may be enforced against the transferee if the receive maintenance may be enforced against the transferee if the e transfer is gratuitous; but not transferee has notice of the right, or if the transfer is gratuitous; but not transferee has notice of the right, or if th transferee has notice of the right, or if th against the transferee for consideration and without notice of right. against the transferee for consideration and without notice of right. against the transferee for consideration and without notice of right. 3. If any senior citizen is incapable of enforcing the rights under If any senior citizen is incapable of enforcing the rights under If any senior citizen is incapable of enforcing the rights under sections (1) and (2), action may be taken on his behalf by any of the sub-sections (1) and (2), action may be taken on his behalf by any of the sections (1) and (2), action may be taken on his behalf by any of the sub organisation referred to in Explanation to sub organisa tion referred to in Explanation to sub-section (1) of section 5 section (1) of section 5.” 6. reproduction would show that in order to A bare perusal of the above-reproduction would show that in order to reproduction would show that in order to A bare perusal of the above claim the property in question back by proving the fraud claim the property , the senior citizen has to back by proving the fraud, the senior citizen has to ensure that the transfer of the property was with the condition that the firstly ensure that the transfer of the property was with the condition that the ensure that the transfer of the property was with the condition that the ensure that the transfer of the property was with the condition that the transferee has to maintain the transferor and second transferee has to maintain the , the senior citizen is not being and secondly, the senior citizen is not being maintained by the transferee despite there being a condition in the transfer deed. In the maintained by the transferee despite there being a condition in the transfer deed. In the maintained by the transferee despite there being a condition in the transfer deed. In the maintained by the transferee despite there being a condition in the transfer deed. In the present case, learned counsel for the petitioner nt case, learned counsel for the petitioner-senior citizen has failed to point out senior citizen has failed to point out any such condition in the transfer deed dated 10.11.2021 any such condition in the transfer deed dated 10.11.2021 that respondent No.5 respondent No.5 - daughter was required to maintain the senior citizen after the transfer of the property daughter was required to maintain the senior citizen after the transfer of the property daughter was required to maintain the senior citizen after the transfer of the property daughter was required to maintain the senior citizen after the transfer of the property in question. Hence, condition is not fulfilled. . Hence, the said condition is not fulfilled. 7. Even if, it is presumed for the sake of argument that the said condition Even if, it is presumed for the sake of argument that the said condition Even if, it is presumed for the sake of argument that the said condition Even if, it is presumed for the sake of argument that the said condition exists still the petitioner senior citizen has to prove that he is not being maintained by senior citizen has to prove that he is not being maintained petitioner-senior citizen has to prove that he is not being maintained respondent No.5 – daughter. respondent No.5 TRIPTI SAINI 2025.08.02 10:27 I attest to the accuracy and integrity of this document CWP-28268-2024 2024 (O&M) -4- 8. was transferred in the It may be noticed that the property in question was transferred in the It may be noticed that the property It may be noticed that the property name of a married daughter who is respondent No.5 name of a married daughter . The married daughter has a who is respondent No.5. The married daughter has a liability towards the in-laws also and has to reside with the in liability towards the in to take laws also and has to reside with the in-laws in order to take senior citizen in the present case is living in the care of her family. The petitioner-senior citizen in the present case is living in the senior citizen in the present case is living in the care of her family. respondent transferred property i.e the house which was transferred in the favour of respondent transferred property i.e the house which was transferred in the favour of transferred property i.e the house which was transferred in the favour of daughter and he has given the same on rent and is also enjoying the rent. The No.5-daughter and he has given the same on rent and is also enjoying the rent. The daughter and he has given the same on rent and is also enjoying the rent. The daughter and he has given the same on rent and is also enjoying the rent. The daughter is not enjoying the transferred property net result is that respondent No.5 - daughter is not enjoying the transferred property daughter is not enjoying the transferred property net result is that but the same is being enjoyed by the petitioner but the same is being senior citizen himself, who is also petitioner-senior citizen himself, who is also senior earning financially from the said property even as of now. Once, the petitioner-senior earning financially from the said property even as of now. Once, the earning financially from the said property even as of now. Once, the for cancellation of the transfer deed g from the said property his claim for cancellation of the transfer deed g from the said property his claim citizen is earning from the said property his claim that the daughter has to maintain, despite the fact that possession of the house is and that the daughter has to maintain, despite the fact that possession of the house is that the daughter has to maintain, despite the fact that possession of the house is that the daughter has to maintain, despite the fact that possession of the house is with the senior citizen is not made out. with the senior citizen is not made out. 9. cumstances of the present Keeping in view the totality of the facts and circumstances of the present Keeping in view the totality of the facts and cir Keeping in view the totality of the facts and cir case, learned counsel for the petitioner has not been able to prove that the orders dated case, learned counsel for the petitioner has not been able to prove that the orders dated case, learned counsel for the petitioner has not been able to prove that the orders dated case, learned counsel for the petitioner has not been able to prove that the orders dated 20.10.2023 (Annexure P-5) and 28.08.2024 (Annexure P 20.10.2023 (Annexure P 6) passed by the authorities 5) and 28.08.2024 (Annexure P-6) passed by the authorities verse to either fact or the concerned, exercising jurisdiction under 2007 Act, are perverse to either fact or the concerned, exercising jurisdiction under 2007 Act, are per concerned, exercising jurisdiction under 2007 Act, are per any intervention by this Court. evidence so as to need any intervention by this Court. evidence so as to 10.
Decision
In view of the above, no ground is made out and the petition is dismissed In view of the above, no ground is made out and the petition is dismissed In view of the above, no ground is made out and the petition is dismissed In view of the above, no ground is made out and the petition is dismissed accordingly. 11. Pending application(s), if any, shall also stand disposed of. Pending application(s), if any, shall also stand disposed of. Pending application(s), if any, shall also stand disposed of. July 29, 2025 tripti (HARSIMRAN SINGH SETHI HARSIMRAN SINGH SETHI) JUDGE Whether speaking/non-speaking : Speaking speaking : Speaking Whether speaking/non : Yes/No : Yes/No Whether reportable Whether reportable TRIPTI SAINI 2025.08.02 10:27 I attest to the accuracy and integrity of this document