Uttarakhand High Court
WPMS/2006/2023 on 8 August, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:7007
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPMS/2006/2023
Hon'ble Manoj Kumar Tiwari, J
1. Mr. Davesh Bishnoi, learned counsel
for the petitioner.
2. Mr. S.K. Nainwal, learned Standing
Counsel for the State of Uttarakhand.
3. Mr. Piyush Garg, learned counsel for
respondent nos. 3 & 4.
4. Petitioner is a senior citizen. He
moved an application under Maintenance
and Welfare of Parents and Senior
Citizens Act, 2007 before the Tribunal,
constituted under Section 7 of the Act,
for cancellation of gift deed dated
02.08.2010 executed in favour of his son
(respondent no. 3), which was
dismissed. Petitioner thereafter
approached learned Appellate Tribunal by
filing appeal. His appeal too has been
dismissed vide judgment dated
20.02.2023. Thus, feeling aggrieved,
petitioner has approached this Court.
5. Heard learned counsel for the
parties and perused the record.
6. Learned Sub-Divisional Magistrate /
Tribunal, Udham Singh Nagar rejected
petitioner's application by holding that
there was no condition in the gift deed
that respondent no. 3 will provide the
basic amenities and basic physical needs
to the petitioner. Learned Appellate
Tribunal concurred with the view
expressed by learned Tribunal and also
observed that a Civil Suit No. 145 of
2021 is pending between the parties
before Civil Judge (S.D.), Kashipur,
2025:UHC:7007
District Udham Singh Nagar, regarding a
passage, which respondent No. 3 claimed
that it is public path constructed by Gram
Panchayat out of public funds. This Court
concurs with the reasoning given by
learned Tribunal, as affirmed by learned
Appellate Tribunal.
7. Section 23(1) of Maintenance &
Welfare of Parents and Senior Citizens
Act, 2007, which is relevant to the case,
is reproduced below:-
"23. Transfer of property to be void in
certain circumstances (1) 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 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."
8. Perusal of said provision reveals
that a transfer made by a Senior Citizen
can be declared to be void only if the
transfer was made with 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
to the senior citizen.
9. In the present case, there was no
such condition mentioned in the gift
deed, therefore, learned Tribunal was
justified in rejecting application made by
petitioner. The summary proceedings,
under Maintenance & Welfare of Parents
and Senior Citizens Act, 2007, are not
meant to decide property or civil
2025:UHC:7007
disputes. The said Legislation was
enacted for providing need based
maintenance to parents and senior
citizens and a gift deed executed by
senior citizen can be declared void if
there is violation of some condition
mentioned in such gift deed. Thus, the
order passed by learned Tribunal cannot
be faulted. The appellate Tribunal was
thus justified in not interfering in the
matter.
10. For the aforesaid reasons, any
interference with the orders, impugned in
this writ petition, would be uncalled for.
11. The writ petition is accordingly,
dismissed. However, it is made clear that
any observation made in this order shall
not prejudice the civil court while
deciding Original Suit No. 145 of 2021.
(Manoj Kumar Tiwari, J)
08.08.2025
Aswal
NITI RAJ SINGH Digitally signed by 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,
ASWAL
serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A5853172
6FBB0, cn=NITI RAJ SINGH ASWAL
Date: 2025.08.10 21:45:39 -07'00'
2025:UHC:7007
