Case Note & Summary
The petitioner, Smt. M. Sunitha (Vidyasri), daughter-in-law of respondent No.1, Smt. M. Shashikala Mugadura, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 02.03.2020 passed by the Assistant Commissioner, Hosapete. The Assistant Commissioner, acting under Section 7(2) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, set aside a gift deed dated 19.04.2017 executed by respondent No.1 in favor of the petitioner. The petitioner contended that the Assistant Commissioner lacked jurisdiction to cancel the gift deed as the petitioner is not a 'senior citizen' or 'parent' under the Act. The High Court examined the scope of Section 7(2) and held that the provision only applies to transfers by senior citizens in favor of children or relatives who fail to provide basic amenities. Since the petitioner is a daughter-in-law, she does not fall within the categories covered by the Act. The court quashed the Assistant Commissioner's order, observing that the respondent may seek appropriate remedy before a civil court. The writ petition was allowed with no order as to costs.
Headnote
A) Jurisdiction - Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Section 7(2) - Scope - The Assistant Commissioner's power under Section 7(2) is limited to transfers by senior citizens in favor of children or relatives who fail to provide basic amenities. The provision does not extend to transfers in favor of a daughter-in-law, who is not a 'senior citizen' or 'parent' under the Act. (Paras 1-4)
B) Gift Deed - Cancellation - Jurisdiction - The Assistant Commissioner set aside a gift deed dated 19.04.2017 executed by a senior citizen in favor of her daughter-in-law. The High Court held that the Assistant Commissioner lacked jurisdiction as the donee is not a 'senior citizen' or 'parent' under the Act. The order was quashed, leaving the respondent to seek remedy before a civil court. (Paras 1-4)
Issue of Consideration
Whether the Assistant Commissioner under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has jurisdiction to set aside a gift deed executed in favor of a daughter-in-law, who is not a 'senior citizen' or 'parent' under the Act.
Final Decision
The High Court allowed the writ petition, quashed the order dated 02.03.2020 passed by the Assistant Commissioner, Hosapete, and directed that the respondent may seek appropriate remedy before a civil court. No order as to costs.
Law Points
- Jurisdiction of Assistant Commissioner under Section 7(2) of Maintenance and Welfare of Parents and Senior Citizens Act
- 2007 is limited to transfers by senior citizens in favor of children or relatives who fail to provide basic amenities
- daughter-in-law is not a 'senior citizen' or 'parent' under the Act
- gift deed in favor of daughter-in-law cannot be set aside under the Act
- remedy lies before civil court.
Case Details
2021 LawText (KAR) (07) 27
Writ Petition No.147056/2020 (GM-RES)
Sri. Manjunath G Patil for petitioner; Sri. Shivaraj S. Ballolli for R1; Sri. V.S. Kalasurmath, HCGPP for R2
Smt. M. Sunitha (Vidyasri)
Smt. M. Shashikala Mugadura and The Assistant Commissioner
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Nature of Litigation
Writ petition under Articles 226 and 227 of Constitution of India challenging order of Assistant Commissioner under Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Remedy Sought
Petitioner sought a writ of certiorari to set aside the Assistant Commissioner's order dated 02.03.2020/01.06.2020 cancelling the gift deed and directing re-registration jointly in names of petitioner and respondent.
Filing Reason
Petitioner challenged the Assistant Commissioner's order setting aside a gift deed executed in her favor by her mother-in-law (respondent No.1) under Section 7(2) of the Act, on the ground that the Assistant Commissioner lacked jurisdiction.
Previous Decisions
The Assistant Commissioner, Hosapete, in SAM.KAM.HI. NAA.APPEAL.02/2019.20 dated 02.03.2020/01.06.2020 set aside the gift deed dated 19.04.2017 executed in favor of the petitioner.
Issues
Whether the Assistant Commissioner under Section 7(2) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has jurisdiction to set aside a gift deed executed in favor of a daughter-in-law?
Whether the daughter-in-law is a 'senior citizen' or 'parent' under the Act?
Submissions/Arguments
Petitioner argued that the Assistant Commissioner lacked jurisdiction to cancel the gift deed as the petitioner is not a 'senior citizen' or 'parent' under the Act.
Respondent No.1 contended that the gift deed was executed by her as a senior citizen and the petitioner failed to provide basic amenities, justifying cancellation under Section 7(2).
Ratio Decidendi
The power under Section 7(2) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is limited to transfers by senior citizens in favor of children or relatives who fail to provide basic amenities. A daughter-in-law is not a 'senior citizen' or 'parent' under the Act, and therefore the Assistant Commissioner has no jurisdiction to set aside a gift deed in her favor. The remedy lies before a civil court.
Judgment Excerpts
In this writ petition the petitioner has assailed the order dated 02.03.2020 passed by the Assistant Commissioner, Hosapete, whereby he has set aside the gift deed dated 19.04.2017 executed in favour of the petitioner under Section 7(2) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2002 (hereinafter called as the 'said Act', for short).
The petitioner is a daughter-in-law of respondent No.1.
The Assistant Commissioner has no jurisdiction to set aside the gift deed executed in favour of the petitioner who is not a senior citizen or parent under the said Act.
Accordingly, I pass the following: ORDER The writ petition is allowed. The order dated 02.03.2020 passed by the Assistant Commissioner, Hosapete is quashed. The respondent No.1 is at liberty to take appropriate remedy before the civil court.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench, challenging the order dated 02.03.2020 passed by the Assistant Commissioner, Hosapete, in SAM.KAM.HI. NAA.APPEAL.02/2019.20, which set aside a gift deed dated 19.04.2017 executed in favor of the petitioner. The High Court heard the matter and delivered judgment on 20.07.2021.
Acts & Sections
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007: Section 7(2)
- Constitution of India: Articles 226, 227
