Hyderabad: The Telangana High Court on Wednesday, March 4, set aside an administrative order cancelling a gift deed from a man to his grandson.
The court observed that the administrative authorities canceled the gift deed without jurisdiction while hearing a appeal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
A division bench of the High Court comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin observed that the commissioner of the Maintenance and Welfare of Parents, Senior Citizens and Transgender Persons Department did not have the statutory power to hear a second appeal or review against the district collector, who is the designated appellate authority under the Act.
The bench observed that the gift deed executed on April 6, 2018 did not have stipulations requiring the grandson, C Srinivas, to take care of his grandfather, who was receiving pension. Srinivas had demolished the old structure on the property in Medchal Malkajgiri district and constructed a new building worth about Rs 4 crore through bank loans and financial assistance.
The grandfather approach authorities seeking cancelation of the gift deed over alleged neglect by Srinivas. However, the district collector rejected the appeal. Later, the commissioner of the Maintenance and Welfare of Parents, Senior Citizens and Transgender Persons Department heard a second appeal and cancelled the gift deed.
Challenging the decision, Srinivas filed a writ petition, which was dismissed by a single judge. While hearing the petition, the division bench observed that the single judge did not consider the jurisdictional issue.
While quashing the cancellation order, Justice Mohiuddin clarified that the court was not expressing any opinion on the substantive rights of the parties. The division bench also observed that the grandfather could approach the civil court for remedies.
