VIVEK JAIN AND THE DEPUTY COMMISSIONER & OTHERS, 2024 (KAR) 248

VIVEK JAIN AND THE DEPUTY COMMISSIONER & OTHERS, 2024 (KAR) 248

FACTS: The third respondent, father of respondents 4 and 5, initially executed a gift deed in favor of his wife in the year 2000, concerning certain property. The wife, who was the donee, passed away in 2015. Subsequently, the third respondent gifted the same property to the fourth respondent, his son, through a gift deed dated June 20, 2019, after his wife's demise. Following this gift deed, the fourth respondent's name was updated in all revenue records, confirming him as the property owner. Relying on his ownership, the fourth respondent sold the property to the present petitioner on December 19, 2019, for a specified consideration.

Two years later, the third respondent, the original donor, approached the Assistant Commissioner invoking Section 23 of the Act. The Assistant Commissioner, through the impugned order, set aside both the gift deed executed on June 20, 2019, and the subsequent sale deed executed by the son on December 19, 2019, thereby nullifying the petitioner's ownership of the property. The petitioner now seeks relief from the High Court through the present petition.

ISSUE: Whether a gift deed executed by a senior citizen father in favor of his son, without including a condition for the son's maintenance of the father, can be cancelled.

OBSERVATION: The Karnataka High Court has determined that the Assistant Commissioner of the Senior Citizen Tribunal cannot annul a gift deed executed by a senior citizen in favor of his son, followed by the son's sale of the property, if the gift deed does not stipulate a condition for the son to maintain the father (donor). The Full Bench, interpreting Section 23 of the Act and analyzing relevant legal principles, concluded that unless such a condition is explicitly stated in the gift deed, the Assistant Commissioner lacks jurisdiction to invalidate it. Accordingly, the High Court quashed the Assistant Commissioner's order dated July 7, 2021, thereby restoring the validity of the gift deed and the subsequent sale deed. The third respondent (father) or other family members are free to pursue any remaining grievances through civil court proceedings, if permissible under the law. As a result, the writ petitio