SUMESH ANAND Vs. SMT. VINOD ANAND AND OTHERS

JUDGEMENT

(1.) The present Letters Patent Appeal under Clause X of the Letters Patent is directed against an order passed by learned Single Bench of this Court on 23.09.2015 whereby an order dated 15.10.2014 passed by the Deputy Commissioner-cum-Appellate Authority constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short 'the Act') was set aside.

(2.) The respondents herein filed petition before the Sub Divisional Magistrate-cum-Maintenance Tribunal under Sec. 23 of the Act. The Maintenance Tribunal dismissed the same vide order dated 10.10.2012. An appeal filed before the Appellate Authority was dismissed on 15.10.2014. The challenge in the writ petition was to these aforesaid orders passed by the Maintenance Tribunal and also by the Appellate Authority.

(3.) The learned Appellate Authority has recorded a finding that the gift deed dated 24.04.2009 has not been executed with the condition that beneficiary will take care of the transferor and in case the beneficiary is unable to do so the gift deed will be void. It is the said finding which has been set aside by learned Single Bench in the order impugned in the writ petition. The finding recorded by learned Single Bench is that the present appellant is taking advantage of the weakness of his mother and got the property transferred in his name.