JAYASHREE CHIKKAMATH Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) The petitioner is the daughter of respondent No.2 and sister of respondent No.3. Respondent No.2 executed a registered gift deed in favour of the petitioner. Prior to the execution of the registered gift deed, respondent No.2 also executed will dtd. 29/5/2015. Respondent No.2 revoked the will on 31/10/2018. Respondent No.2 approached the Conciliation Officer, the Help-line Centre for the Senior Citizens and submitted a complaint against the petitioner under Sec. 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short 'the Act') and sought for cancellation of the registered gift deed dtd. 9/11/2018 and to transfer the property in the name of respondent No.2. In response to the complaint, the petitioner filed a reply. Respondent No.1 after hearing the parties passed the impugned order canceling the registered gift deed executed by respondent No.2 in favour of the petitioner. The petitioner aggrieved by the same, has filed this writ petition.

(2.) Heard the learned counsel for the petitioner and also the learned counsel for respondent No.2.

(3.) Learned counsel for the petitioner submits that the provision of Sec. 23 of the Act is not applicable to the facts of the case since there is no clause for maintenance of respondent No.2 by the petitioner and the property is gifted in favour of the petitioner out of love and affection. He submits that the impugned order passed by respondent No.1 is contrary to the law laid down the Co-ordinate Bench of this Court in W.P.No.52010/2015 disposed of on 26/2/2019 and the decision of the Full Bench of the Kerala High Court in the case of SUBHASHINI VS. DISTRICT COLLECTOR KOZHIKODE reported in AIR online 2020 KER 674.