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REDDYANDREDDYASSOCIATES 55dafb5d4ec0a407c44969ae Services https://www.reddyandreddylawfirm.com

TRANSFER OF PROPERTY TO CHILDREN CAN BE CANCELLED ...

  • 2022-12-30T10:22:57

TRANSFER OF PROPERTY TO CHILDREN CAN BE CANCELLED ONLY IF ESTABLISHED THAT IT WAS SUBJECT TO CONDITION OF MAINTAINING PARENTS: SUPREME COURT OF INDIA The Supreme Court has observed that effectuating the transfer of property to children subject to a condition of maintaining senior citizen/parent is not necessary under Section 23 (1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and that existence of such conditions must be established before the Tribunal. The petition under Section 23 filed by Respondent no.1 was contested by the Appellant. The Maintenance Tribunal declared the release deed null and void and held that Respondent No. 1's children were not willing to take care of her. the Court noted that the 2007 Act has been enacted for the purposes of making effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution of India. The Court thus held that the impugned order of the Tribunal cannot be sustained as the twin conditions of Section 23(1) were not satisfied. Reddy & Reddy Law Firm has an in-depth knowledge of the industry, coupled with our experience in interacting with several established real estate groups gives our lawyers a cutting-edge advantage. We advise our clients on matters relating to general laws regulating land and properties in India. We also assist in negotiating, drafting, settling and finalizing agreements relating to the sale and transfer of an interest in land and properties by way of gift, exchange, release, conveyance, assignment, and mortgage. Our knowledge of personal laws in India helps us to advise our clients on matters relating to inheritance and devolution.

TRANSFER OF PROPERTY TO CHILDREN CAN BE CANCELLED ONLY IF ESTABLISHED THAT IT WAS SUBJECT TO CONDITION OF MAINTAINING PARENTS: SUPREME COURT OF INDIA The Supreme Court has observed that effectuating the transfer of property to children subject to a condition of maintaining senior citizen/parent is not necessary under Section 23 (1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and that existence of such conditions must be established before the Tribunal. The petition under Section 23 filed by Respondent no.1 was contested by the Appellant. The Maintenance Tribunal declared the release deed null and void and held that Respondent No. 1's children were not willing to take care of her. the Court noted that the 2007 Act has been enacted for the purposes of making effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution of India. The Court thus held that the impugned order of the Tribunal cannot be sustained as the twin conditions of Section 23(1) were not satisfied. Reddy & Reddy Law Firm has an in-depth knowledge of the industry, coupled with our experience in interacting with several established real estate groups gives our lawyers a cutting-edge advantage. We advise our clients on matters relating to general laws regulating land and properties in India. We also assist in negotiating, drafting, settling and finalizing agreements relating to the sale and transfer of an interest in land and properties by way of gift, exchange, release, conveyance, assignment, and mortgage. Our knowledge of personal laws in India helps us to advise our clients on matters relating to inheritance and devolution.

  • 2022-12-30T10:22:57

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