Senior citizen can reclaim property sold by kin during pendency of plea
Saurabh Malik
Chandigarh, January 31
The Punjab and Haryana High Court has made it clear that a senior citizen’s property, initially transferred to a relative but sold by the latter during the pendency of an application filed by the aged for cancelling the transfer deed, can be ordered to be returned.
Justice Vikas Bahl also asserted the principles of ‘lis pendens’ or ‘suit pending’ would apply to the property sold during the pendency of the senior citizen’s application for cancelling the deed. A ‘lis pendens’ is a written notice that a lawsuit has been filed concerning real estate. Recording a ‘lis pendens’ against a property alerts a potential purchaser or lender that its title is in question.
The verdict addresses situations where children, having received properties from the elderly, sell the assets and create third-party rights in favour of buyers. This tactic is employed during the pendency of proceedings before the tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act.
Justice Bahl’s ruling came in a case where a senior citizen executed a transfer deed in January 2021 in his son’s favour. The deed clearly showed the incorporation of a condition that the petitioner would provide all basic amenities and fulfil necessary needs of the senior citizen. The aged would be entitled to take back the property in accordance with the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act in case of the son’s failure to do the needful.
It was the senior citizen’s specific case that the petitioner-son stopped taking care of him. The appellate tribunal took note of the argument that the petitioner-son sold a part of the property during the pendency of the case. He performed his daughter’s marriage without mentioning in the marriage card the name of the senior citizen and other relatives.
Keeping in view the facts, the appellate tribunal observed that the petitioner-son had no respect for his father, mother and sisters. The sale of a part of the property during the pendency of the case showed his mala fide intent to create third party rights. His plea that he was ready to pay monthly maintenance up to Rs 10,000 was apparently an afterthought.
Justice Bahl added, “The maintenance tribunal did not give valid reason for rejecting the senior citizen’s main prayer with respect to cancelling the transfer deed and the appellate tribunal rightly allowed the appeal…. It had in fact, taken a lenient view in favour of the petitioner inasmuch as the property which had been transferred by the petitioner during the pendency of the application, although was hit by the principle of ‘lis pendens’, has not been ordered to be returned to the senior citizen and the petitioner has not been bound to pay the maintenance….”
Petition alerts potential buyer
Justice Vikas Bahl also asserted the principles of ‘lis pendens’ or ‘suit pending’ would apply to the property sold during the pendency of the senior citizen’s application for cancelling the deed. A ‘lis pendens’ is a written notice that a lawsuit has been filed concerning real estate. Recording a ‘lis pendens’ against a property alerts a potential purchaser or lender that its title is in question.
