MALLAVVA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Rangappa, the third respondent herein gifted Sy. No.42/21 measuring 1 acre 02 guntas and Sy. No.42/8 measuring 26 guntas (total 1 acre 28 guntas) situate at Guddad Devalapur Village to his three grandsons namely Rangappa, Malappa and Mahantesh. These grandsons were the sons of his daughter, the first petitioner, Smt. Mallavva.

(2.) Rangappa and his wife Dyamavva thereafter proceeded to initiate proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 for cancellation of the gift deed. In this proceedings, only one of the beneficiaries of the gift i.e., Rangappa was made as a respondent and the other two beneficiaries, namely Malappa and Mahantesh, were not made as parties.

(3.) In this proceeding, the Assistant Commissioner took the view that transfer was deemed to have been made by fraud and coercion, since the transferee had not provided the basic amenities and physical needs to the transferor and consequently proceeded to cancel the gift deed dtd. 28/8/2012 executed by Rangappa. This order passed by the Assistant Commissioner has been affirmed by the Deputy Commissioner in appeal and hence this writ petition.