KAUSHALYA DEVI Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has challenged the order passed by the Maintenance Tribunal dated 30.09.2015, by which application filed by the petitioner under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the Act ) has been dismissed and the order dated 07.06.2016/08.09.2016 passed by the Appellate Tribunal whereby the appeal filed by the petitioner has been dismissed.

(2.) In short, the petitioner was stated to be the owner of House No.101-C, Phase-I, Sector 55, SAS Nagar Mohali. However, she transferred half share of the aforesaid house by way of registered transfer deed to her son Jatinder Kumar Gaur on 13.01.2009. Unfortunately, her son Jatinder Kumar Gaur died on 19.01.2013 and the ownership of half share of the property vested in his widow Gita Gaur on account of a Will executed by her husband in her favour. The petitioner, who is stated to be 83 years of age is a Canadian citizen. She has got possession of half share of the aforesaid house and the other half share was in possession of her daughter-in-law, who has also now settled in Canada.

(3.) It is submitted by counsel for the petitioner that the half portion of her daughter-in-law is in possession of one Kiran, sister of the daughter-in-law, who is causing lot of inconvenience to the petitioner whenever she visits India and has even broken the lock of her portion and removed her belongings.