NITIN RAJENDRA GUPTA Vs. DEPUTY COLLECTOR

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of the parties, petition is taken up for final hearing and disposal.

(2.) Petition takes an exception to the Order dtd. 31/10/2022 passed by the Maintenance Tribunal constituted under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizens Act) by which the Tribunal has partly allowed the application filed by Respondent No.2-Father and has declared Gift Deeds executed on 21/6/2019 and 25/9/2020 as null and void with further directions to Petitioner to vacate and handover the possession of Flat Nos.2005 and 2006 at Riviera Towers CHS and Flat No.708 in Autumn Grove CHS to Respondent No.2-Father. The petition thus arises out of challenge to the Order passed by the Maintenance Tribunal under the provisions of Ss. 23(1) of the Senior Citizens Act, by which Gift Deeds executed by Respondent No. 2-Father in favour of his son (Petitioner) are set aside.

(3.) Briefly stated, facts of the case are that Respondent No.2- Rajendra K. Gupta filed application before the Maintenance Tribunal in February 2022 for return of various properties gifted by him to his son (Petitioner) and for payment of maintenance of Rs.50,000.00 per month. In the application, Respondent No.2 disclosed that he has three sons - Hemant, Sharad and Nitin and that his wife Binadevi Rajendra Gupta has expired on 18/2/2019. He claimed in the application that after the demise of his wife on 18/2/2019, Petitioner (Nitin Gupta) got executed four Gift Deeds in respect of various immovable properties from him as well as took into possession various other immovable properties. Respondent No.2 gave details of four Gift Deeds executed in favour of Petitioner as under: