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2025 DAILYLAW 97233 (PNJ)

CHARAN SINGH v. STATE OF PUNJAB AND ORS.

CWP/28268/2024 · 2025-07-29

Harsimran Singh Sethi

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Judgment text

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