SUDESH CHHIKARA Vs. RAMTI DEVI

JUDGEMENT

(1.) This appeal arises out of a petition filed by respondent no.1 under Sec. 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, 'the 2007 Act').

(2.) Respondent no.1 acquired a land bearing Khewat no.87, Khatoni no.124, Khasra no.315 measuring 1 bigha 18 biswa. She also acquired a land bearing Khewat No.247, Khasra No.269 (4 bighas 0 biswa) totally measuring 5 bighas and 3 biswa in Village Basai, Tehsil and District Gurugram, Haryana. She claimed that the acquisition was by way of inheritance from her father. The family tree of the parties is as under:

(3.) Respondent no.1 executed a release deed in respect of a part of the subject property in favour of her daughters (the appellant and second respondent's mother). The said release deed (no.18151) was executed on 14/11/2008 and was duly registered. As per the said release deed, the daughters became the owners of one-third share each in the property subject matter of the release deed. It is also brought on record that on 24/3/2009, the respondent no.1 executed another release deed (no.25502) in respect of one-fourth share in the lands bearing Khasra No.269. The said release deed was executed by respondent no.1 in favour of her son Sunder. Another release deed (no.25504) was executed by respondent no.1 in favour of her son Sunder on the same day in respect of one-half share in the lands bearing Khasra No.315, Khasra No.314 and Khasra No.341. Both the release deeds were registered. Respondent no.1, the appellant and the second respondent's mother filed Civil Suit no.175 of 2010 in the Civil Court essentially for challenging the release deed dtd. 24/3/2009 (no.25504). The Civil Court by judgment and decree dtd. 17/7/2015 declared the release deed dtd. 24/3/2009 as null and void. The Civil Court held that the release deed shall not bind respondent no.1, the appellant and the mother of respondent no.2. Civil Suit no.234 of 2010 was filed by respondent no.1, the appellant and the second respondent's mother for the same relief in respect of the other release deed (no.25502). A similar decree was passed in this suit on 19/3/2015.