Mom Seeks Cancellation Of Gift Deed To Son
The appellant invoked Section 23 of the Act before the revenue divisional officer-cum-maintenance tribunal
Hyderabad: A two-judge panel of the Telangana High Court reserved its verdict in a writ appeal under the Maintenance and Welfare of Parents and Senior Citizens Act, concerning the cancellation of a gift deed executed by a senior citizen in favour of her son. The panel comprising Moushumi Bhattacharya and Gadi Praveen Kumar was hearing a writ appeal filed by Kurakula Shanta, 76.
The appellant invoked Section 23 of the Act before the revenue divisional officer-cum-maintenance tribunal. The appellant sought cancellation of a gift deed through which she transferred property to her son, alleging neglect and ill-treatment. The RDO allowed the application, cancelled the gift deed, and also issued directions requiring the son to treat the senior citizen with dignity and respect. The son challenged the RDO’s order by filing a writ petition. A single judge allowed the writ petition, holding that the RDO lacked jurisdiction to cancel a registered gift deed. In appeal, the senior citizen contended that even if the son questioned the jurisdiction of the RDO, he ought to have availed the statutory appellate remedy before the district collector under Section 16 of the Act, instead of directly approaching the writ court. Opposing the appeal, the respondents contended that cancellation of a gift deed was beyond the scope of the powers conferred on the Maintenance Tribunal and that the single judge rightly interfered on the ground of lack of jurisdiction. After hearing the submissions on both sides, the panel reserved the matter for judgment.
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