Maintainance act 2007 related query
Gagan
(Querist) 25 November 2019
This query is : Resolved
Dear Sir/Ma'am,
My father transferred all movable and non-movable property between me and mine younger brother in 2003, my younger brother was living in kolkatta at that time.He shifted back to Punjab and started living with my father and mother along with his family in 2007, my mother passed away in 2011 due to the atrocities of my brother and his family. After that he and his family started abusing my father and from 2012 my father is living with me at my house. During that period he sold some valuable portions of land without takseem of the land . My younger brother instituted some legal proceedings against my father, due to the obligation to my father he started abusing him my father also started legal proceedings in the court of SDM under senior citizen act 2007. SDM court directed my younger brother to maintain his father do the needful services to him but he ignored and abused my father seriously, due to this my father appealed to district magistrate cum presiding officer of maintenance tribunal under act 2007. Tribunal cancelled the transfer deed of my younger brother, my father intimated this decision to tehsildar /registrar and against this decision my younger brother got appeal in high court, now this case is under process for almost 2 years without any proper hearing. I request you to Pl confirm whether the transfer deed which was done before 2007 maintenance act passed can be cancelled and can high court cancel this transfer deed and also request is there any such decision given by any high court Pl share that also so that we can pursue the same in court. My father is 80 years old and is aligning and he wants to get back his property from my younger brother.
Thanks & Regards
Sb Karma
(Expert) 26 November 2019
are you asking for property transfer related support
or
case transfer related help?
Please state clearly what you want and (*Tribunal cancel the transfer deed) please explain clearly
Dr J C Vashista
(Expert) 27 November 2019
The Maintenance of Parents & Senior Citizens Act, 2007 is applicable from the date of publication but not retrospecteively.
However, your counsel is an intelligent, competent and able person, consult him/her.
P. Venu
(Expert) 27 November 2019
The provisions of Section 23(1) are prospective. However, your counsel can try to to convince the High Court to read down the provision taking into account of the Law being curative than declaratory.
Gagan
(Querist) 29 November 2019
Dear Sir
Tribunal that is DC already cancelled the transfer deed and revert property to my father's name now my younger brother challenges the tribunal order in honourable high court and there is no hearing on this our lawyer is saying that transfer deed is done before 2007 and there might be a chance that high court will cancel the tribunal order to give back property to my father.
Now my query is that is this possible and can high court cancel tribunals order. Pl suggest what need to be done next and if there is any such case happens in other state or high courts so that we can refer that case for ours.
Thanks
Dear Sir,
Tribunal had already cancelled the transfer deed done by my father in favor of my younger and now my younger brother moved to high court and got stay order on tribunal orders.
Thanks
Guest
(Expert) 29 November 2019
Presently there is No Stay in your matter Ordered by High Court and if you are so much worried your father could transfer the property to any one of his choice in any manner by Selling or Gifting or any other manner. Even if the Original Title deeds are not with you the Court Order and EC- Encumbrance Certificate would suffice to convince the Registrars. Presently your Father is the absolute Owner of the Property basing on the Court Orders
Gagan
(Querist) 01 December 2019
Dear Sir,
After tribunal cancelled the transfer deed done by father in favor of my brother, my brother moved to high court against tribunal order and he got stay order from high court, Pl suggest what to do next.
Thanks
Guest
(Expert) 01 December 2019
Contest the Case strongly by appointing a Good Senior Advocate of the concerned High Court
