HC Quashes Cancellation Of Grandson's Gift Deed

HYDERABAD: The Telangana High Court has set aside administrative orders cancelling a gift deed executed by a grandfather in favour of his grandson, ruling that authorities acted without jurisdiction while entertaining a “second appeal” under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

A division bench comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin clarified that the commissioner or director of the Maintenance and Welfare of Parents, Senior Citizens and Transgender Persons Department lacked statutory power to entertain a second appeal or review against the district collector, who is the designated appellate authority under the Act.

The court noted that the gift deed, executed on April 6, 2018, did not contain any express stipulation requiring the grandson, C. Srinivas, to maintain his grandfather, who also had independent pensionary income. Srinivas had demolished the old structure on the property in Medchal‑Malkajgiri district and constructed a new building worth about ₹4 crore with financial assistance and bank loans.

The grandfather had initially approached authorities under the Act alleging neglect, but both the primary authority and the district collector dismissed his plea. Later, the commissioner/director entertained a “second appeal” and remanded the matter, leading to cancellation of the gift deed by the additional district collector.

Challenging these proceedings, Srinivas filed writ petitions which were dismissed by a single judge. On appeal, the division bench held that the single judge failed to consider the jurisdictional issue.

While quashing the cancellation order, Justice Mohiuddin clarified that the court was not expressing any opinion on the substantive rights of the parties. The grandfather, the bench observed, is at liberty to pursue remedies before a competent civil court.