DEEPAK SHARMA Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) Deepak Sharma son of Hanuman Prasad Sharma and Pushpa Devi Sharma, has approached this Court to assail the order dated 6.3.2013 passed by the Maintenance Tribunal, constituted under The Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (hereinafter to be referred as 'the Act of 2007'). Vide impugned order (Annexure-3) dated 6.3.2013, the Tribunal had awarded Rs. 2,500.00 per month as maintenance to the respondents No. 3 and 4, parents of the petitioner.

(2.) In the present case, parents are nursing a grievance that the present petitioner by way of design, obtained power of attorney from the seller Vijay Laxmi Mathur, even though, entire amount of sale consideration was paid by the parents and by virtue of said power of attorney transferred Flat No. FF-129, JDA Colony, Jhalana Dungari in the name of Smt. Nirmala Sharma, wife of the petitioner.

(3.) Old parents who have spent their life long savings not only for rearing the children, have made a complaint that on 22.1.1999, the respondent no.2 Hanuman Prasad Sharma purchased the above said flat for his wife Pushpa Devi Sharma from Vijay Laxmi Mathur. Agreement to sell, original papers of the flat including allotment letter, letter of possession were handed over to the respondent no.3, father of the petitioner. It is stated that they blindly trusted their son and reposed faith in him and as a result thereof he had obtained on 4.6.2009 power of attorney from Vijay Laxmi Mathur and by using the said power of attorney, the petitioner had transferred the flat in the name of his wife. Sum and substance of the complaint of the respondent Nos. 3 and 4 is that the petitioner instead of transferring the flat in the name of mother, on the basis of power of attorney which father had obtained for him, exploiting fiduciary relationship had transferred the flat in the name of his wife. Hence, parents allege that their son ignored the mother and preferred his wife, daughter-in-law of the respondent Nos. 3 and 4.