- 1 - HC-KAR NC: 2026:KHC:8492 WP No. 26666 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 26666 OF 2023 (GM-RES) BETWEEN: SMT JAYAMMA W/O LATE MOODLI @ MOODLIGIRAIAH AGED ABOUT 76 YEARS R/A NO.2348 (OLD NO.134) 1ST CROSS, SANJEEVININAGAR SAHAKARA NAGAR POST BENGALURU- 560 092. …PETITIONER (BY SMT. NIVEDITHA C SHIVANAIKAR, ADVOCATE FOR SMT. VIJETHA R NAIK, ADVOCATE) AND: 1. THE TRIBUNAL FOR MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS AND ASSISTANT COMMISSIONER, BENGALURU NORTH SUB-DIVISION, BENGALURU- 560 009. 2. THE BENGALURU DISTRICT MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS APPELLATE TRIBUNAL AND SPECIAL DEPUTY COMMISSIONER-1 BENGALURU NORTH SUB DIVISION, BENGALURU- 560 009. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8492 WP No. 26666 of 2023 3. SMT. ANUSOOYAMMA W/O LATE G SRINIVAS AGED ABOUT 60 YEARS R/A NO.2348 (OLD PROPERTY NO.134) SANJEEVINI NAGAR, SUBRAMANYAPURA POST, BENGALURU- 560 092. …RESPONDENTS (BY SMT.B.SUKANYA BALIGA, AGA FOR R1 & R2; SRI. L. RAJA., ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN MSC/CR.63/2020-21 ON THE FILE OF THE TRIBUNAL FOR MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS AND ASSISTANT COMMISSIONER AT BENGALURU AND IN MAG(4)/SC/CR/45/2022-23 ON THE FILE OF THE BENGALURU DISTRICT MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS APPELLATE TRIBUNAL AND SPECIAL DEPUTY COMMISSIONER-I, BENGALURU NORTH SUB-DIVISION AT BENGALURU AND PERUSE THE RECORDS AND ALLOW THIS WP SETTING ASIDE THE IMPUGNED ORDER DATED 06/11/2023 PASSED IN MAG(4)/SC/CR/45/2022-23 PASSED BY THE BENGALURU DISTRICT MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS APPELLATE TRIBUNAL AND SPECIAL DEPUTY COMMISSIONER-I, BENGALURU NORTH SUB-DIVISION AT BENGALURU I.E. ANNEXURE-A AND CONFIRM THE ORDER DATED 10/10/2022 PASSED IN MSC/CR.63/2020-21, PASSED BY THE TRIBUNAL FOR MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS AND ASSISTANT COMMISSIONER AT BENGALURU I.E. ANNEXURE-B BY CANCELLING THE GIFT DEED DATED 21/06/2010 REGISTERED AS VIDE DOCUMENT NO. BNG(U) BYP/01248/2010-11 I.E ANNEXURE-K IN RESPECT OF THE PROPERTY BEARING HOUSE NO. 2348 (OLD PROPERTY BEARING NO.134), SANJEEVININAGAR VILLAGE, KODIGEHALLI DAKHALE, YALAHANKA HOBLI, BENGALURU NORTH TALUK, - 3 - HC-KAR NC: 2026:KHC:8492 WP No. 26666 of 2023 BENGALURU- 560092, MEASURING EAST TO WEST-40 FEET AND NORTH TO SOUTH- 30 FEET. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner, a senior citizen is before this Court being aggrieved by the order passed by the Deputy Commissioner upon an appeal filed by the respondent No.3 under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, (for short 'the Act, 2007') by which, the respondent No.2-Deputy Commissioner while allowing the said appeal filed by respondent No.3, had set aside the order dated 10.10.2022 passed by the Assistant Commissioner as per Annexure-A and B. 2. Counsel for the petitioner submits that the petitioner herein had filed an application dated 18.02.2021 before the Assistant Commissioner under the provisions of - 4 - HC-KAR NC: 2026:KHC:8492 WP No. 26666 of 2023 Act, 2007 seeking his intervention, contending inter alia that; property bearing Site No.134, BBMP Khatha No. 120/119/134 situated at Sanjeevininagar Village, Kodigehalli, Yelahanka Hobli, Bengaluru North Taluk, had been fraudulently got transferred by her brother in his name. The petitioner and her husband being illiterates were not aware of the transaction and were misled and misrepresented by her brother on the premise of he obtaining them certain benefits from the Government scheme and on that pretext had obtained signatures having the property conveyed in his name. The Assistant Commissioner by the impugned order not only entertained the said application but also allowed the same and consequently, set aside the deed of gift which was executed by the petitioner in favour of husband of respondent No.3. As against which, the respondent No.3 herein, upon the demise of her husband preferred an appeal under Section 16 of the Act, 2007 with the Deputy Commissioner. The Deputy Commissioner while allowing - 5 - HC-KAR NC: 2026:KHC:8492 WP No. 26666 of 2023 the appeal has set aside the order passed by the Assistant Commissioner. However, has directed respondent No.3 to pay monthly maintenance of Rs.10,000/- to the petitioner herein, from the date of order. Being aggrieved, the present petition is filed. 3. Learned counsel appearing for the petitioner at the outset submits that the order passed by the Deputy Commissioner under Section 16 of the Act,2007 upon the appeal filed by respondent No. 3 is not maintainable in the light of the order of the Division Bench of this Court passed in W.A.No.254/2024 (GM-RES) dated 20.12.2024. Therefore, she submits that on the sole count, the order needs to be set aside. 4. Per contra, learned counsel appearing for the respondents submits that the petition itself was not maintainable by the Assistant Commissioner in as much as the requirement of Section 23 of the Act,2007 has not been complied with. Though he does not dispute the - 6 - HC-KAR NC: 2026:KHC:8492 WP No. 26666 of 2023 position of law, barring any person other than the Senior Citizen to file an appeal, he submits the matter be remitted to the Assistant Commissioner for fresh consideration. 5. At this juncture counsel for the petitioner objects for any such order of remand on the premise that such order cannot be granted in the absence of any challenge raised by the respondent No.3 in the petition filed by the petitioner. The order should be restricted only to the extent of order passed by the Deputy Commissioner. She insists the order passed by the Assistant Commissioner be sustained. 6. Heard learned counsel appearing for the parties. Perused the records. 7. There is no dispute of the factual and legal aspect of the matter that against the order passed by the Assistant Commissioner dated 10.10.2022, respondent No.3 had preferred appeal under Section 16 before the - 7 - HC-KAR NC: 2026:KHC:8492 WP No. 26666 of 2023 Deputy Commissioner who had allowed the said appeal setting aside the order of the Assistant Commissioner. In the light of the order passed by the Division Bench of this Court in W.A.No.254/2024 (GM-RES) dated 20.12.2024, there is no scope for any person other than senior citizen to prefer appeal under Section 16 of the Act, 2007 to that extent there is no dispute from either of the side. Therefore, the order passed by the Deputy Commissioner is required to be quashed. 8. As regard the issue with regard to the sustainability of the order of the Assistant Commissioner, according to the counsel for the respondent, the very application was not maintainable in-as-much as the same did not fulfil the requirement under Sections 4, 5 and 23 of the Act, 2007. Though, counsel for the petitioner has vehemently opposed consideration of such a plea, the present petition is filed under Articles 226 and 227 of the Constitution of India propriety otherwise the order, going - 8 - HC-KAR NC: 2026:KHC:8492 WP No. 26666 of 2023 to the very question of jurisdiction cannot be ignored. Order without jurisdiction would amount to nullity. 9. Perusal of the application filed by the petitioner at Annexure-C indicate that the petitioner has sought the intervention of Assistant Commissioner on the premise of her brother persuading her to go to Sub-Registrar Office on the premise of obtaining certain documents to avail the benefit of schemes of the Government in the year 2010 and on the said pretext obtained the signature without apprising her of the reasons thereof. The said brother and his wife had thus obtained the said document fraudulently without petitioner knowing the nature of the said document. 10. The application filed by the petitioner before the Assistant Commissioner is as under: " ಈ ೆಳೆ ಸ ಾದ ಾನು ೕಮ ಜಯಮ ಗಂ. || ಮುರಯ ವಯಸು! 71 ವಷ#, ಈ $ೕ%ೆ ನಮೂ'ದ ()ಾಸದ* +ಾಯಂ ,-ಾ'.ಾದು/ ಸರಾರಂದ ನನೆ 1975 ರ* ಜನ0ಾ ,-ೇಶನ ಹಂ3ೆಯಯ* 4ೆಂಗಳ5ರು ಉತ8ರ ಯಲಹಂಕ ;ೋಬ=ಯ ೊೆಹ=> -ಾ?8ಯ ಸಂ@ೕ(, ನಗರ ಾಮದ AೈC ನಂ. 134, - 9 - HC-KAR NC: 2026:KHC:8492 WP No. 26666 of 2023 D.D.ಎಂ.?. +ಾ0ಾ ನಂ. 120/110/134 ಈ ಆ'8ಯನುG ನನG ;ೆಸHನ* ಹಕುIಬದ/-ಾ ಹಂ3ೆ ಾಡ%ಾತು8. ,ಗ#ಕKಾದ ನಮೆ ಈ ,-ೇಶನದ ಸL.ಾ@#ತ ಹಕುI MೊKೆತ $ೕ%ೆ ೕC ಮೆ ಾೊಂಡು ಾನು ಮತು8 ನನG ಪ -ಾ'ಸುದ/ವO ಮತು8 ನಮ @ೕವನಾI .ಾವOMೇ ಆPಾರ(ಲ/ದು/ದHಂದ ಅMೇ ,-ೇಶನದ* ಎರಡು 3ಕI ೊಠ/ಮೆಗಳನುG ರೂ?'ೊಂಡು ಬರುವ ಸಣT 4ಾೆ Uತ8ಂದ @ೕವನ Aಾಸುದ/ವO. ಆ ಮಧದ* ನನGMೇ ಸLಂತ ತಮಾದ '। ೕ,-ಾW @. ತಂ. | ೋ(ಂದಪX' ಮತು8 ಅವನ ಕುಟುಂಬ 4ೇKೆ ಊHನ* 4ಾೆ ಮೆಯ* -ಾಸ ಾೊಂದ/ರು. ತನರುವ ಆ[#ಕ 0ೊಂದKೆ\ಂMಾ ;ೊರಗ]ೆ ;ೆಚು_ 4ಾೆ ಕಟ`ಲು Aಾಧ-ಾಗು8ಲ. ಆದ/Hಂದ ,ಮ ,-ೇಶನದ*ರುವ ಒಂದು ಮೆಯ* 4ಾೆ ೊಟು` ಉಪಾರ ಾ ಎಂದು ಅಲವತು8ೊಂಡ. ಸLಂತ ತಮೇ ಆದ/Hಂದ ಒಂದು ಮೆಯ* ಇರಲು ಅವಾಶ ಾೊc`Mೆ/ವO. ಾರdಾಂತರಗ=ಂದ ಾನು ಮತು8 ನನG ಪ ನಮ ಹ=>ಯ ಕ]ೆೆ ;ೋMೆ/ವO. ಅಂ,ಂದ ನನG ತಮ ನಮನುG eೆಾG ೋೊಳf>8ದ/, ಆದHಸು8ದ/ ಮತು8 4ಾೆಯನುG ಸಹ ತಪXMೆ ಪ ಂಗಳf gಾವಸು8ದ/. ನಮ ಮPೆ ;ೆ3_ನ ಅೋನ0ೆ ಮತು8 hಾಂಧವ 4ೆ)ೆತು8. ನಂತರ, 2010 ರ* ನನG ತಮ ಸರಾರದ ವ\ಂದ ಂದು=ದವHೆ ಉ3ತ-ಾ ಆಶಯ ಮೆ ಕc`'ೊಡುMಾ/Kೆ. ಈ ,-ೇಶನ ,ಮ ;ೆಸHನ*ರುವOದHಂದ ,ೕವO ಬಂದು ೆಲವO iಾರಂ ಗ=ೆ ಸ ಾದKೆ ಾೇ ಮುಂMೆ ,ಂತು ಸರಾರದ ಈ jೕಜೆಯಯ* ಮೆ ಕc`'ೊಡುವ ವವAೆk ಾಡು0ೆ8ೕೆ ಎಂದು ನಂD' ನನGನುG ಮತು8 ನನG ಗಂಡನನುG ಸl H@Aಾmn ಕeೇHೆ ಕKೆದುೊಂಡು ;ೋ, ೆಲವO iಾರಂ ಗ=ೆ ಆಶಯ ಮೆಯ ೆಪ ;ೇ= ನ ;ಾo'ೊಂಡ. ಾನು ಮತು8 ನನG ಗಂಡ ಅpತKಾದು/ದHಂದ (ಷಯ ೊ8ಲದ ಮತು8 (Mೆ =ಯದ ನಮೆ ಈ (ಷಯದ ಬೆq ಓ ;ೇಳMೇ, ಅಥ# ಾಸMೇ, ಅವನನುG ಪtಣ# ನಂDದ ನuಂದ ಸ ಾ'ೊಳf>ವ ಸಂಚು ಾದ/ ಎಂಬುದು ನಮೆ ಆಗ ೊ0ಾ8ಗ*ಲ. ಆMಾದ $ೕ%ೆ, ೆಲವO ವಷ#ಗಳ ನಂತರ ನನG ತಮಾದ ೕ,-ಾW ೆ. ಅಾKೋಗಂದ - 10 - HC-KAR NC: 2026:KHC:8492 WP No. 26666 of 2023 ಬಳ* ಾಂಕ 05.01.2012 ರಂದು ಮೃತಪಟ`. ಅವನ ಮರಣದ ನಂತರ ನನG ತಮನ ;ೆಂಡ.ಾದ ಅನುಸೂಯ D. ಮೂರು ಂಗಳವKೆಗೂ 4ಾೆಯನುG ತನG ಮಗನ ಮು+ಾಂತರ ಕಳf'ೊc`ದ/ರು. ಆನಂತರ 4ಾೆ ೊಡುವOದೆGೕ ,*' Dಟ`ರು. ಏೊಂದು ;ೇಳMೇ (eಾH'ೊಳf>ವOದೆGೕ ಮKೆತು ಅಸ]ೆy 0ೋHಸ%ಾರಂz'ದರು. ಏೋ ಆ[#ಕ-ಾ 0ೊಂದKೆ\ರDೕೆಂದು | ಸುಮಾMೆ/ವO. ೕೆ ಸLಲX ನಗಳ ನಂತರ ನನG ಪ.ಾದ ಮೂರಯನವರನುG ಕೂಡ ಅಾKೋಗ ಾತು. ಅವರನುG 4ೆಂಗಳ5Hೆ 3o0ೆ!ೆಂದು ಕKೆದುೊಂಡು ಬಂMಾಗ ನಮMೇ ಮೆಯ* ಉ=ದುೊಳ>ಲು ನನG ತಮನ ;ೆಂಡ ಮತು8 ಮಕIಳf ನಮನುG ಅತಂತ ೕಾಯ-ಾ ,KಾಕHಸು0ಾ8Kೆ ಮತು8 ,ಂಸು0ಾ8Kೆ. ನನG ಪ ಮೂರಯನವರ ಆKೋಗ ಗಂzೕಯ-ಾದು/ದHಂದ ಆಸX0ೆೆ Mಾಖ*'Mೆ. ಆದKೆ 3o0ೆ! ಫ*ಸMೆ ಅವರು ಸಹ ಾಂಕ 22.07.2017ರಂದು ನನGನುG ಅಗ*ದರು. ಈ ದುಃಖ, ೋ(ನ*ರು-ಾಗ%ೇ ನನG ತಮನ ;ೆಂಡ ಮತು8 ಮಕIಳf ನನGನುG ಹ=>ೆ ;ೋಗಲು DಡMೆ ~ೊ0ೆೆ ಇH'ೊಂಡು ನನೆ ೆKೆ;ೊKೆಯವHಂದ, ಈ ಆ'8ಯನುG Uಸಂದ ಅವರ ;ೆಸHೆ ಾ'ೊಂMಾ/Kೆಂದು ಮತು8 ಆ Pೈಯ#ಂದ%ೇ ಈ ರAಾIರ 0ೋHಸು8Mಾ/Kೆಂದು ಸೂಚೆ ೊ0ಾ8\ತು. ನನG ಪಯ ಮರಣ. ನಮಾದ Uೕಸ, ,ಂದೆ, ರAಾIರಗ=ಂದ ಾನು ಸಂಪtಣ# Aೋತು ;ೋMೆ/ ಮತು8 ಬದುಕುವ ಆAೆಯೂ ;ೊರಟು;ೋತು8. ನಗಳf ಕ)ೆದವO. ಈ ,-ೇಶನ (eಾರದ* ನಮಾದ Uೕಸದ ಬೆq ನನG. ತಮನ ;ೆಂಡ ಅನುಸೂಯ ಮತು8 ಮಕI)ಾದ (ಕಂ ;ಾಗೂ (ಜಯೕ ಹ8ರ ೇಳ%ಾ, ಅವKೆ%ಾ ನನGನುG ಅ-ಾಚ ಶಬ/ಗ=ಂದ ,ಂ'ದರು. .ಾವOMೋMಾನ ಪತವಂ0ೆ; 0ೋH', ಈ ಆ'8ಯು ಹಲವO ವಷ#ಗಳ ಂMೆ•ೕ ಸಂಪtಣ# ಅವರMಾದು/, ಈ ,-ೇಶನದ* ಮತು8 ಈ ಮೆಗಳ* ನನಾವOMೇ ಹoIಲ ಎಂದು ನನGನುG ;ೊರೆ ;ಾoDಟ`ರು. ಈಗ ಾನು ಒಂc.ಾ @ೕ(ಸಲು ಕಷ`ಪಡು8Mೆ/ೕೆ ನನGMೇ ಸL.ಾ@#ತ ಮೆಯ* ನನೆ -ಾಸ ಾಡಲು ಹoIಲದಂ0ೆ Uೕಸ ಾMಾ/Kೆ. ನನG $ೕ%ೆ ಅಸಹ,ೕಯ Mೌಜ#ನ-ೆಸMಾ/Kೆ. ನನಾದ ಈ ಅಾಯದ - 11 - HC-KAR NC: 2026:KHC:8492 WP No. 26666 of 2023 (ರುದ• ;ೋKಾಡಲು ಮತು8 ಾಯ Mೊರo'ೊಳ>ಲು ಅಸ;ಾಯಕ)ಾ, ಅಬ%ೆ.ಾ, ಈ ಮು?Xನ ಾಲದ* ೆ%ೆ\ಲದ ಒಂc @ೕವ-ಾ, Dೕೆ Dದು/ ತುತು8 ಅನGಕೂI ಕಪX ಪಡುMೆ/ೕೆ. ನನೆ .ಾವOMೇ MಾH =ಯMೆ, ನಮಂತಹ ಅಸ;ಾಯಕHೆ, Uೕಸ ;ೋದವHೆ, ಅ ಾಯಕHೆ, ‚ೆƒೕಷdೆೊಳಾದವHೆ ಸರಾರದ ಾನೂನುಗಳf ಖಂತ ಾಯ Mೊರoಸುತ8-ೆ ಎಂದು ನಂD, ಭರವAೆ\ಟು`, ನನಾದ ಈ ಅಾಯವನುG ಈ ಮೂಲಕ ತಮ ಗಮನೆI ತರುMೆ/ೕೆ. ದ.ಾಳfಗ)ಾದ 0ಾವO ನನಾದ ಈ ವಂಚೆಯನುG ಇರುವ ಎ%ಾ ಾನೂನಯ* ಪHಗ…', ಈ ವೃMೆ•ೆ ಖಂತ ಾಯ ಒದ'ೊಡು(Kೆಂದು ಅತಂತ ಧನ0ಾ hಾವಂದ ಅಂಗ%ಾ3 4ೇೊಳf>8Mೆ/ೕೆ. ದಯ(ಟು` ನನG ಆ'8ಯ $ೕ*ನ ಹಕIನುG ದoI'ೊಳ>ಲು ;ಾಗೂ ಈ @ೕವ ಇರುವವKೆಗೂ ೆ%ೆ.ಾಗಲು ೆರವO ಾೊಡ4ೇೆಂದು ,ಮ ಸ;ಾಯಾI ೋರುMೇೆ". 11. Sections 4, 5 and 23 of the Act, 2007 read as under: "4. Maintenance of Parents and Senior Citizens 1. A senior citizen including parent who is unable to maintain himself from his own earning or property owned by him, shall be entitled to make an application under section 5 in case of - i. parent or grand-parent, against one or more of his children not being a minor ii. a childless senior citizen, against such of his relative referred to in clause (g) of section 2 2. The obligation of the children or relative, as the case may be, to maintain a senior citizen extends to the needs of such citizen so that senior citizen may lead a normal life. 3. The obligation of the children to maintain his or her parent extends to the needs of such parent either father or mother or both, as the case may be, so that such parent may lead a normal life. 4. Any person being a relative of a senior citizen and having sufficient means shall maintain such senior citizen provided he is in possession of the property of such senior citizen or he would inherit the property of such senior citizen: - 12 - HC-KAR NC: 2026:KHC:8492 WP No. 26666 of 2023 Provided that where more than one relatives are entitled to inherit the property of a senior citizen, the maintenance shall be payable by such relative in the proportion in which they would inherit his property. 5. Application for maintenance 1. 5. Application for maintenance 1. An application for maintenance under section 4, may be made - a. by a senior citizen or a parent, as the case may be; or b. if he is incapable, by any other person or organisation authorised by him; or c. the Tribunal may take cognizance sua motu Explanation: For the purposes of this section "organisation" means any voluntary association registered under the Societies Registration Act, 1860, or any other law for the time being in force. 2. The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct. 3. On receipt of an application for maintenance under sub- section(I), after giving notice of the application to the children or relative and after giving the parties an opportunity of being heard, hold an inquiry for determining the amount of maintenance 4. An application filed under sub-section (2) for the monthly allowance for the maintenance and expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of the application to such person: Provided that the Tribunal may extend the said period, once for a maximum period of thirty days in exceptional circumstances for reasons to be recorded in writing. 5. An application for maintenance under sub-section (I) may be filed against one or more persons: Provided that such children or relative may implead the other person liable to maintain parent in the application for maintenance. 6. Where a maintenance order was made against more than one person, the death of one of them does not affect the liability of others to continue paying maintenance. 7. Any such allowance for the maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or expenses of proceeding, as the case may be. 8. If, children or relative so ordered fail, without sufficient cause to comply with the order, any such Tribunal may, for every - 13 - HC-KAR NC: 2026:KHC:8492 WP No. 26666 of 2023 breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person for the whole, or any part of each month's allowance for the maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made whichever is earlier: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Tribunal to levy such amount within a period of three months from the date on which it became due. 23. Transfer of property to be void in certain circumstances. — (1) Where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic 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 the Tribunal. (2) 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. (3) 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-section (1) of section 5." 12. This being the special legislation, Assistant Commissioner would get jurisdiction to entertain the petition, provided the ingredients contemplated in Sections - 14 - HC-KAR NC: 2026:KHC:8492 WP No. 26666 of 2023 4, 5 and 23 of the Act, 2007 are made out in the petition filed by the Senior Citizen, if not, there is a scope for bringing any and every kind of dispute which would otherwise have to be determined and adjudicated before the competent Court of law. 13. Nonetheless, in the light of the order now passed, quashing the order passed by the Deputy Commissioner, this Court deems it appropriate to set aside the order of the Assistant Commissioner as well and remand the matter to the Assistant Commissioner to dispose of the application filed by the petitioner strictly in accordance with law specifically adverting to averments made in the petition and the provision of law referred to above after affording opportunity to both parties. Such order shall be passed within an outer limit of 60 days from the date of receipt of the certified copy of this order. Since the parties are represented by the counsel, they shall appear before the Assistant Commissioner on 10.03.2026 at 2.30 p.m. - 15 - HC-KAR NC: 2026:KHC:8492 WP No. 26666 of 2023 Accordingly, the writ petition stands disposed of. All the contentions are kept open. Sd/- (M.G.S. KAMAL) JUDGE PSJ List No.: 1 Sl No.: 42