Supreme Court of India
Sudesh Chhikara v. Ramti Devi & Anr
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1 Supreme Court bench has cited this judgment.
What the Court ordered
Hence, for the reasons recorded above, the appeal is allowed. The impugned order dated 22nd May 2018 passed by the Maintenance Tribunal as well as the order dated 21st May 2019 passed by the High Court are hereby set aside and the petition filed by respondent no.1 under Section 23 of the 2007 Act stands dismissed. There shall be no order as to costs.
Judgment, 17
From the headnote
Maintenance and Welfare of Parents and Senior Citizens Act, 2007:s. 23 – Transfer of property to be void in certain circumstances – Applicability of s. 23(1) – When – Held: Effecting transfer subject to a condition of providing the basic amenities and basic physical needs to the transferor-senior citizen is sine qua non for applicability of sub-section (1) of s. 23 – When transferee refuses or fails to provide such amenities and physical needs to the transferor, the transfer shall be deemed to have been made by fraud or coercion or undue influence, and becomes voidable at the instance of the transferor and the Maintenance Tribunal…
Where later benches applied it
Of those, 1 relied on
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