High Court · 2025

W PM S/ 2 0 0 6 / 2 0 2 3 H o n ’ b l e M a n o j K u m a r Ti w a r i , J 1. Mr. Davesh Bishnoi, learned counsel for t he pet it ioner. 2. Mr. S.K. Nainwal, learned St anding Counsel for t he St at e of Ut t arakhand. 3. Mr. Piyush Garg, learned counsel for respondent nos. 3 & 4.

4. Pet it ioner is a senior cit izen. He m oved an applicat ion under Maint enance and Welfare of Parent s and Senior Cit izens Act , 2007 before t he Tribunal, const it ut ed under Sect ion 7 of t he Act , for cancellat ion of gift deed dat ed 02.08.2010 execut ed in favour of his son 3) , no. ( respondent dism issed. t hereaft er Pet it ioner approached learned Appellat e Tribunal by filing appeal. His appeal t oo has been j udgm ent dism issed dat ed 20.02.2023. Thus, feeling aggrieved, pet it ioner has approached t his Court .

5. Heard part ies and perused t he record. learned counsel t he Learned Sub- Divisional Magist rat e / 6. Tribunal, Udham Singh Nagar rej ect ed pet it ioner ’s applicat ion by holding t hat t here was no condit ion in t he gift deed t hat respondent no. 3 will provide t he basic am enit ies and basic physical needs t he pet it ioner. Learned Appellat e t o Tribunal expressed by learned Tribunal and also observed t hat a Civil Suit No. 145 of t he part ies 2021 ( S.D.) , Kashipur, before Civil Judge is pending bet ween concurred wit h t he Dist rict Udham Singh Nagar, regarding a passage, which respondent No. 3 claim ed t hat it is public pat h const ruct ed by Gram Panchayat out of public funds. This Court concurs wit h t he reasoning given by learned Tribunal, as affirm ed by learned Appellat e Tribunal.

7. Sect ion 23( 1) of Maint enance & Welfare of Parent s and Senior Cit izens Act , 2007, which is relevant t o t he case, is reproduced below: - “ 2 3 . Tr a n sf e r o f p r o p e r t y t o b e v o i d i n ce r t a i n ci r cu m st a n ce s ( 1 ) Where any senior cit izen who, aft er t he com m encem ent of t his Act , has by way of gift or ot herwise, his propert y, subj ect t o t he condit ion t hat t he t ransferee shall provide t he basic am enit ies and basic physical needs t o t he t ransferor and such t o provide such am enit ies and physical needs, t he said t ransfer of propert y shall be deem ed t o have been m ade by fraud or coercion or under undue influence and shall at t he opt ion of t he t ransferor be declared void by t he Tribunal.” refuses or t ransferee

8. Perusal of said provision reveals t hat a t ransfer m ade by a Senior Cit izen can be declared t o be void only if t he t ransfer was m ade wit h t he condit ion t he t hat basic am enit ies and basic physical needs t o t he t ransferor and such t ransferee refuses or fails t o provide such am enit ies t o t he senior cit izen. t ransferee shall provide t he t herefore,

9. I n t he present case, t here was no t he gift such condit ion m ent ioned learned Tribunal was deed, j ust ified in rej ect ing applicat ion m ade by pet it ioner. The sum m ary proceedings, under Maint enance & Welfare of Parent s and Senior Cit izens Act , 2007, are not t o decide propert y or civil m eant said Legislat ion was disput es. The for providing need based enact ed m aint enance t o parent s and senior cit izens and a gift deed execut ed by senior cit izen can be declared void if t here is violat ion of som e condit ion m ent ioned in such gift deed. Thus, t he order passed by learned Tribunal cannot be fault ed. The appellat e Tribunal was t hus j ust ified in not int erfering in t he m at t er. t he aforesaid reasons, any 10. For int erference wit h t he orders, im pugned in t his writ pet it ion, would be uncalled for.

11. The writ pet it ion is accordingly, dism issed. However, it is m ade clear t hat any observat ion m ade in t his order shall not prej udice t he civil court while deciding Original Suit No. 145 of 2021. ( M a n o j K u m a r Ti w a r i , J)

08.08.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A5853172 6FBB0, cn=NITI RAJ SINGH ASWAL