DEVEERAMMA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) The challenge to the order dtd. 3/2/2022 made under Sec. 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is on the ground that the said Sec. is not invokable inasmuch as, it employs the concept of gift which is one of the traditional modes of transfer falling within the precincts of Sec. 5 of the Transfer of Property Act, 1882. Learned counsel for the Petitioner argues that the Apex Court in a series of decisions as held that the transactions like partition and family arrangement do not tantamount to transfer in terms of Sec. 5 of the 1882 Act and therefore, the impugned order having an error of great magnitude apparent on its face, is liable to be voided.

(2.) Learned counsel appearing for the private Respondents and the learned AGA appearing for the official Respondents oppose the Writ Petition contending that the provisions of Sec. 23 of 2007 Act needs to be broadly construed and that it is not restricted by definition of transfer under Sec. 5 of the 1882 Act. They hasten to add that the 2007 Act being a Socio-welfare Legislation, a purposive interpretation has to be placed on the provisions of Sec. 23 of the 2007 Act.

(3.) Having heard the learned counsel for the parties and having perused the Petition papers, this Court is inclined to grant indulgence in the matter inasmuch as, it agrees that the submission made on behalf of the Petitioner. The said submission finds support from a Coordinate Bench decision of this Court in W.P.No.36601/2017 & connected matters between NANJUNDAPPA & ANOTHER vs. STATE OF KARNATAKA & OTHERS, disposed off on 25/3/2019.