PIYALI TEWARI DEY Vs. BAIDYANATH DEY

JUDGEMENT

(1.) This case represents how dynamic human relationship can be in the present socio economic condition.

(2.) The present application under Article 227 of the Constitution of India is at the instance of the petitioner being aggrieved by the order of cancellation of gift deed dtd. 10/7/2017 executed in her favour by her father in respect of family flat by the declaring the said deed to be void and directing the Additional District Magistrate to take all steps to revert back the ownership of the flat as mentioned in the schedule of the registered deed to the donor father Baidyanath Dey/the opposite party no. 1 by Maintenance Tribunal, Serampore in Maintenance Case No. 4 of 2021 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 on 30/7/2021.

(3.) The facts necessary for determination of the present revisional application in gist is that father/opposite party no. 1 before the marriage of the daughter and out of love and affection appears to have gifted flat being no. 2A having 1392 sq.ft. super build area in a multi storied building known as Ambika within holding no. 38/18 at new GT Road Uttarpara by executing a registered deed of gift on 10/7/2017. It appears the said flat is a residential flat where the un-married daughter used to live with her parents. That situation appears to have changed after the marriage of the daughter, who even after marriage continued to reside in the disputed flat along with her husband. The relationship between daughter and parents appears to have deteriorated after the marriage of the daughter and for which the father had to file an application under Sec. 4 of the Act of 2007 seeking maintenance as well as for cancellation of the gift deed executed by him in 2017 as the daughter seems to have driven out the parents from the flat and who had to take shelter in the house of their married son. The learned Tribunal after causing inquiry was pleased to pass impugned order not only cancelling the gift deed but also gave the direction to the son to pay maintenance of the rupees 5000 per month to his parents and directed IC Uttarpara to give all kinds of protection to the aged parents/ petitioner.