M PUTTASWAMY Vs. STATE OF KARNATAKA REP

JUDGEMENT

(1.) Petitioner and respondent Nos.6 and 7 are the children of respondent Nos.4 and 5. Order dated 29.05.2017 vide Annexure-A passed by 2nd respondent allowing the application filed under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'Act' for short) by declaring the gift deed dated 28.04.2011 executed by 4th respondent in favour of petitioner herein in respect of property situated at Kumaraswamy Layout, Bangalore City (hereinafter referred to as 'subject property' for the sake of brevity) as void and canceling the said gift deed with a further direction to 3rd respondent to restore possession of the said property to the applicant i.e., writ petitioner herein, and if necessary by taking the help of jurisdictional police is assailed in this writ petition.

(2.) Respondent Nos. 4 and 5 filed an application under Sections 4 and 5 contending inter alia that respondent Nos.6 and 7 and petitioner are the sons and one Kavitha is his daughter and subject property was purchased by 4th respondent under a registered sale deed dated 20.02.2002 for a sale consideration of Rs.71,000/- and petitioner herein assuring and inducing the applicants that he would look after their welfare in their old age and promising and assuring to give one portion of their property, obtained a registered gift deed dated 28.04.2011. During the course of registration in the jurisdictional Sub-Registrar Office and even after constructing building consisting of three floors, he did not provide accommodation/maintenance to the applicants and has thrown them out of the subject property. As such, claiming that they are facing severe problems, they sought for gift deed being declared as void.

(3.) It was also contended that if the petitioner herein were to provide one portion in the building to them and agree to provide maintenance, they would have no objection for the said arrangement. It was further alleged that 7th respondent herein had played fraud and induced the 4th respondent to transfer an amount of Rs.12,00,000/- from his account to the account of 7th respondent and also assuring to provide maintenance and take care of the well being of the applicants i.e., respondent Nos.4 and 5 herein and in spite of demand being made to 7th respondent to refund the said amount, it was alleged that he physically assaulted them and police complaint came to be lodged before the Rajajinagar Police Station and before the said Authority, petitioner and 7th respondent undertook to take care of them and yet they did not take care of them and abused them and has not provided any maintenance. On these allegations, they sought for prayers being granted in their favour.