Smt. Kurakula Shanta vs Sri Kurkula Gajendra Mohan on 16 April, 2026

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    Telangana High Court

    Smt. Kurakula Shanta vs Sri Kurkula Gajendra Mohan on 16 April, 2026

         IN THE HIGH COURT FOR THE STATE OF TELANGANA
                         AT HYDERABAD
    
          THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
                              AND
            THE HON'BLE JUSTICE GADI PRAVEEN KUMAR
    
                       WRIT APPEAL No.1198 of 2025
    
                                Date: 16-04-2026
    
    Between :
    
    Smt.Kurakula Shanta                         ....            Appellant
    
    And
    
    1.Kurakula Gajendra Mohan and six others.
                                             ....          Respondents.
    
    
    
    JUDGMENT:

    (per Hon’ble Justice Gadi Praveen Kumar)

    Heard Sri Avinash Desai, learned Senior Counsel assisted by

    SPONSORED

    Sri T.P.S. Harsha and Sri Ekanth, learned counsel for the appellant and Sri

    Manu, learned counsel for respondent Nos.1 to 5.

    2. The present Appeal is filed by the appellant assailing the order

    dated 26.09.2025 passed by the learned Single Judge dated in

    W.P.No.17870 of 2025 in setting aside the order dated 17.05.2025 passed

    by the Revenue Divisional Officer and Sub-Divisional Magistrate &

    Tribunal for Maintenance and Welfare of Parents and Senior Citizens,

    Hyderabad Division, Hyderabad District (for short ‘the Tribunal’).
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    3. The Writ Petition is filed by respondent Nos.1 to 5 challenging the

    orders passed by the learned Tribunal constituted under The Maintenance

    and Welfare of Parents and Senior Citizens Act, 2007 (for short ‘The 2007

    Act’ ) in Case No.D/234/2025 dated 17.05.2025 in declaring all the gift

    deeds as null and void with consequential prayers.

    4. The appellant herein is the mother of the respondent No.1, mother-

    in-law of the respondent No.2 and grandmother of the respondent No.3 to

    5 filed a case before the respondent No.6 (RDO) seeking cancellation of

    seven gift settlement deeds executed in favour of her son i.e. respondent

    No.1, secondly, for recovery of a sum of approximately Rs.1.63 crores,

    which was fraudulently withdrawn from appellant’s Bank account, and

    thirdly, seeking restoration of ownership and possession of the schedule

    properties.

    5. The learned Tribunal under the2007 Act allowed the application of

    the appellant herein declaring the appellant as absolute owner of the ‘A’ &

    ‘B’ schedule properties therein, having acquired from her late husband and

    cancelled all the seven gift settlements deeds with a direction to return

    Rs.1,63,35,600/- back to the appellant restoring the share in the developed

    properties.

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    6. Aggrieved by the said order of the learned Tribunal, the respondent

    Nos.1 to 5 filed W.P.No.17870 of 2025 before this Court.

    7. The primary contention of the respondent Nos.1 to 5 in the Writ

    Petition is that the learned Tribunal exceeded its jurisdiction declaring the

    appellant as the absolute owner and that the learned Tribunal lacked

    authority in directing cancellation of gift deeds or order repayment of

    Rs.1,63,35,600/-; secondly, on the ground of non-compliance of section

    23(1) of the 2007 Act that the gift must be subject to condition of care

    which was allegedly not expressly included in the gift deeds; thirdly, the

    application before the learned Tribunal is filed by the appellant nearly after

    9 years from the first set of gift deeds; fourthly, on the ground of

    procedural irregularities as regards the learned Tribunal placing reliance on

    the statements of the daughters, which are not supported by oath; fifthly,

    on the ground of non-compliance of Rules 6, 8, 10, 11 and 13 of The

    Telangana Maintenance and Welfare of Parents and Senior Citizens Rules,

    2011 (for short ‘The 2011 Rules’); sixthly, on the ground of fraud and

    fabrication; and lastly, the draft order passed by the learned Tribunal was

    prepared by the Senior Assistant and not by the Presiding Officer, thereby

    violating the Judicial sanctity. Therefore, it was prayed to set aside the

    order passed by the learned Tribunal.

    4

    8. The appellant/respondent No.1 in the Writ Petition contended that

    the Writ Petition was not maintainable since the appellate remedy existed,

    and on that ground, the Writ Petition is liable to be dismissed; the learned

    Tribunal passed the order by appreciating the evidence placed on record

    that there are consistent fraudulent withdrawals, there is ill-treatment by

    the respondent Nos.1 to 5 against the appellant, and there is deception in

    execution of gift deed and also basing on the admissions made by

    respondent No.1 during the course of hearing, rightly allowed the claim of

    the appellant and also section 23 of the 2007 Act is a beneficial provision

    which does not require explicit conditions and the conditions can be

    implied one. Therefore, the learned Tribunal rightly held in consonance of

    the 2007 Act protecting the Senior Citizens from abuse, coercion and

    dispossession.

    9. The impugned order passed by the learned Single Judge having

    placed significant emphasis on the gift deeds executed in the years 2016,

    2018 and 2024, observed that the appellant had approached the Tribunal

    only in January, 2025. On that basis, it was held that there was an

    inordinate and unexplained delay of about nine years in invoking the

    jurisdiction of the Tribunal. The Court further held that the essential

    preconditions under Section 23(1) of the 2007 Act were not satisfied, as
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    there were no explicit conditions incorporated in the gift deeds, nor were

    such conditions otherwise clearly established.

    10. The impugned order observed that the allegations of fraud and ill-

    treatment made by the appellant were vague and unsupported by cogent

    evidence. It was observed that the statements of the daughters, in the

    absence of substantive proof, were insufficient to establish such

    allegations. Consequently, the Tribunal was held to have erred in

    cancelling the gift deeds solely on the basis of unsubstantiated claims. The

    Court further held that the burden of proving fraud and coercion squarely

    lay on the appellant and the Tribunal had wrongly shifted this burden onto

    the respondent.

    11. In addition, the impugned order noted serious procedural

    irregularities in the functioning of the Tribunal. It was noted that the

    Tribunal failed to adhere to the requirements under Section 6 of the 2007

    Act and Rules 8, 10, 11, and 13 of the 2011 Rules, particularly with regard

    to proper recording of evidence, adoption of conciliation procedures and

    passing of a reasoned (speaking) order.

    12. Therefore, the learned Single Judge set aside the order passed by the

    learned Tribunal and allowed the Writ Petition filed by the respondent

    No.1.

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    13. Sri Avinash Desai, learned Senior Counsel appearing for the

    appellant mainly contended that the learned Single Judge failed to

    appreciate the material evidence and misapplied the provisions of section

    23 of the 2007 Act by overlooking the settled proposition of law that

    conditions of care and maintenance need not be expressly stated in a gift

    deed and they arise implicitly in intra-family transfers.

    14. It is further contended that the learned Single Judge ought to have

    appreciated that the fraud occurred soon after property transfers and ill-

    treatment started immediately after obtaining assets and withdrawal of

    large sums of money (Rs.31,25,000/- in two days) is unexplained.

    15. It was also contended that learned Single Judge ignored the evidence

    of daughters and the admission of son/respondent No.1, whereas the

    learned Tribunal relied upon the statement of daughters corroborating the

    ill-treatment by respondent No.1/son and own admission of respondent

    No.1 with regard to unauthorized withdrawals, still the learned Single

    Judge ignored the same.

    16. Learned Senior Counsel contended that the 2007 Act is a beneficial

    legislation, the standard is preponderance of probabilities and the Senior

    Citizens cannot provide documentary evidence against their own children

    and the learned Single Judge ought to have appreciated that the Senior
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    Citizens cannot provide documents against their own children. The learned

    Single Judge erroneously held that the mother had to prove fraud beyond

    reasonable doubt, contrary to the settled jurisprudence.

    17. It is also contended that the fact of respondent No.1/son evicted the

    mother/appellant, confined her to a single room and failed to provide

    medical care and acted with cruelty is a serious issue, but the learned

    Single Judge ought to have considered the ill-treatment against the

    appellant/mother by the respondent No.1.

    18. Learned Senior Counsel further contended that the gift executed

    with only family witnesses i.e. son and grandson as attesting witnesses

    demonstrating the concealment and undue influence. The learned Tribunal

    followed the due and proper procedure contemplated under the 2007 Act.

    The Section Assistant merely typed the order dictated by the Presiding

    Officer and the same is an authorized procedure and not unauthorized as

    observed by the learned Single Judge.

    19. Finally, it is contended that when both parties admitted the

    ownership of mother, the declaration of the learned Tribunal that

    mother/appellant being the absolute owner, cannot be considered as

    jurisdictional error more particularly, the 2007 Act being a welfare Act

    aiming to protect the Senior Citizens from exploitation, abuse and
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    fraudulent deprivation of property and with due respect, the approach of

    the learned Single Judge, undermines the objective of Act, 2007.

    20. In support of his contentions, learned Senior Counsel appearing for

    the appellant placed reliance on the decisions in Matangi Premlatha Vs.

    State of Telangana 1, H.Deepika Vs. Maintenance Welfare of Parents

    and others 2, H.Deepika Vs. Maintenance and Welfare of Parents and

    Senior Citizens Appellate Tribunal and others, 3 Urmila Dixit vs. Sunil

    Sharan Dixit4, S. Vanitha vs. The Deputy Commissioner5 and S. Mala

    v. District Arbitrator 6.

    21. On the other hand, Sri Manu, learned counsel appearing for the

    respondent Nos.1 to 5 contended that the object of the 2007 Act is to

    provide need based maintenance to the parents and Senior Citizens and

    also provide simple, inexpensive and speedy provisions to claim

    maintenance for parents/Senior Citizens. In the present case, the need is of

    daughters and sons-in-law of the appellant and not that of the appellant,

    who is the beloved mother of the respondent No.1.

    1
    2023 SCC Online TS 397
    2
    AIR 2020 TS 69
    3
    2022 SCC Online TS 654
    4
    (2025)1SCR 105
    5
    2021 15 SCC 730
    6
    2025SCC Online Mad 1764
    9

    22. Learned counsel for the respondent Nos.1 to 5 contended that the

    appellant on the instigation of her daughters and sons-in-law wants

    partition of the properties and the case is not filed for the reason that she

    has no basic amenities and basic physical needs and not for the reason that

    respondent No.1 has refused or failed to provide such amenities and

    physical needs.

    23. It was also contended by the respondent No.1/son that the appellant

    is getting about Rs.70,000/- per month towards pension and Rs.30,000/-

    per month towards rental income from a residential house and therefore the

    application under Rule 4(1) of the 2011 Rules for maintenance is not

    maintainable and the provision of section 4 of the 2007 Act is not attracted.

    24. Learned counsel for respondent Nos.1 to 5 further contended that

    there is no fraud as contemplated by Section 23 of the 2007 Act and there

    is abnormal delay of nine years where the learned Tribunal failed to take

    into consideration of the development of the land into structures as per the

    Supplementary deed dated 16.12.2018 and Development Agreement dated

    01.02.2021. It is further contended that learned Tribunal exceeded

    jurisdiction and acted in perversity by holding that the son has grabbed the

    Senior Citizen’s property and money without the consent of the appellant.

    The reason for cancelling all the 7 registered documents wherein an order
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    the learned Tribunal that the appellant herein desires to live her rest of life

    without any tension being created by the respondents and accordingly

    directed cancellation of all the 7 gift deeds.

    25. It was further contended by the learned counsel for the respondents

    that as per Rule 21(3)(iv) of the 2011 Rules, the application for eviction

    has to be made before collector and district magistrate and RDO has no

    jurisdiction. In case of eviction, issuance of notice in writing calling upon

    all persons to show cause as to why an order of eviction should not be

    issued against them is mandatory and the appellant has not made

    application before the District Collector and District Magistrate.

    26. It is further contended that the learned Tribunal failed to follow the

    provisions of the Act more particularly, Sections 4, 6(4), 6(6) and 8 of the

    2007 Act and Rules 8, 10 and 30 of the 2011 Rules and failed to provide an

    opportunity of evidence, no enquiry was conducted and passed the order

    on hearsay evidence. It is therefore contended that the learned Tribunal

    failed to act judiciously and acted arbitrarily and unreasonably by not

    following the mandatory provisions of the 2007 Act.

    27. Learned counsel for the respondent Nos.1 to 5 further contends that

    there is violation of principles of natural justice, since the learned Tribunal

    failed to provide an opportunity to respondent Nos.1 to 5 and after
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    reasonable hearing, and therefore, contended that the order passed by the

    learned Tribunal is bad in law.

    28. In support of his contentions, learned counsel for respondents relied

    upon the decisions in Md.Kuddus Ali Vs. State of West Bengal 7,

    Chairman and MD VSP Vs. Goparaju Sri Prabhakara Hari Babu 8,

    Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and

    others9, Union of India and others Vs. Tantia Construct Pvt. Ltd.10, and

    contended that the order passed by the learned Single Judge is just and

    reasonable, do not call for re-appreciation by the Division Bench.

    29. We have given our earnest consideration to the respective

    contentions raised and perused the record.

    30. The learned Tribunal, after examining the material on record, found

    that the appellant had approached the tribunal not for maintenance but for

    protection of her property and to seek redressal against the alleged

    financial exploitation by Respondent No. 1, her own son. The respondents

    filed counter before tribunal contending that the 2007 Act contemplated

    only for grant of maintenance to destitute parents and that the appellant,

    who was receiving pension and had her own residence, could not invoke

    7
    2024 SC Online Calcutta 593
    8
    2008(5) SCJ 164
    9
    AIR 1999 SC 22
    10
    2011(3) SCC 294
    12

    the provisions of the 2007 Act. It was further contended that the transfers

    in question had been made by the appellant voluntarily and out of love and

    affection.

    31. On perusal of the material placed on record, it is the case of

    appellant before the Tribunal is that after the demise of her husband she

    continued to reside with the respondent no. 1 and his family and had, for

    several years, supported them financially. According to the appellant, the

    respondent no.1 had initially obtained her signatures on certain documents

    on the pretext of assisting her in matters relating to Aadhaar, PAN cards

    and other formalities. She further submitted that she had little knowledge

    of digital banking and financial transactions and had trusted her son in

    these affairs. It was her submission that taking advantage of this trust, the

    respondent no. 1 secured execution of several documents and transferred

    properties which stood in her name to himself and to the members of his

    family.

    32. The contention of the respondent No. 1 is that, in the absence of an

    express condition in the gift deeds, the appellant is not entitled to seek

    cancellation under Section 23(1) of the 2007Act cannot be accepted. It is

    the consistent case of the appellant that the so called gift deeds were not
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    voluntary, but were obtained by fraud and misuse of the trust reposed in

    her son.

    33. It is relevant here to state Section 23 of the 2007 Act:

    “23. Transfer of property to be void in certain circumstances

    1. Where any senior citizen who, after the commencement of this Act,
    has by way of gift or otherwise, his property, subject to the condition
    that the transferee shall provide the basic amenities and basic
    physical needs to the transferor and such transferee refuses or fails to
    provide such amenities and physical needs, the said transfer of
    property shall be deemed to have been made by fraud or coercion or
    under undue influence and shall at the option of the transferor be
    declared void by the Tribunal.

    2. Where any senior citizen has a right to receive maintenance out of
    an estate and such estate or part, thereof is transferred, the right to
    receive maintenance may be enforced against the transferee if the
    transferee has notice of the right, or if the transfer is gratuitous; but
    not against the transferee for consideration and without notice of
    right.

    3. If any senior citizen is incapable of enforcing the rights under sub-
    sections (1) and (2), action may be taken on his behalf by any of the
    organisation referred to in Explanation to sub-section (1) of section

    5.”

    34. Section 23(1) requires two elements: (i) the transfer must have been

    made subject to the condition that the transferee shall provide basic

    amenities and physical needs to the transferor; and (ii) the transferee

    refuses or fails to provide such amenities and physical needs.
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    35. In Urmila Dixit case(4 supra ) it is held that

    the appellant has submitted before us that such an undertaking stands
    grossly unfulfilled, and in her petition under Section 23, it has been averred
    that there is a breakdown of peaceful relations inter se the parties. In such
    a situation, the two conditions mentioned in Sudesh 18 must be
    appropriately interpreted to further the beneficial nature of the legislation
    and not strictly which would render otiose the intent of the legislature.
    Therefore, the Single Judge of the High Court and the tribunals below had
    rightly held the gift deed to be cancelled since the conditions for the well-
    being of the senior citizens were not complied with. We are unable to agree
    with the view taken by the Division Bench, because it takes a strict view of a
    beneficial legislation.

    36. In S.Mala case(6 Supra) it is held that

    the phrase “subject to the condition that the transferee shall provide the
    basic amenities” in the statute is not meant to imply that such a condition
    must be explicitly stated in the Gift or Settlement Deed. The interpretation
    of this provision is broader. It should be states that the transfer may be
    deemed to have been made under fraud, coercion, or undue influence, if the
    transferee fails to provide the agreed-upon care. The condition to provide
    for the senior citizen’s maintenance is implied, based on the relationship
    between the senior citizen and the transferee, typically one of familial love
    and affection.

    37. It is therefore clear from the above decisions that Section 23(1) of

    the 2007 Act must receive a purposive and liberal interpretation. The

    absence of an express condition in the document does not defeat the
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    statutory protection, as the obligation to maintain the senior citizen can be

    implied from the very nature of the relationship. Where such implied

    obligation is breached, the law steps in and treats the transfer as vitiated.

    The emphasis is not on the form of the document, but on the conduct of the

    transferee and the fulfillment of the obligation of care.

    38. Therefore, in the present case, the fraudulent manner in which the

    transfers were secured, coupled with the respondent’s subsequent conduct

    of abandonment, clearly attracts Section 23(1). A broader interpretation is

    thus warranted to give effect to the protective object of the Act, and the

    Tribunal was fully justified in declaring the transfers void.

    39. The Tribunal, upon detailed consideration, also relied on the bank

    statements which clearly revealed that substantial amounts running into

    crores were transferred from the appellant’s account without her

    knowledge. The money in the account was routed through a joint bank

    account operated by the respondent no. 1 and was thereafter transferred to

    accounts belonging to him and his immediate family members. These

    amounts were utilised for various personal expenditures of respondent no.

    1 including payments to builders, purchase of a car and educational

    expenses of respondent no. 5. Admittedly, the bank account in question

    was the appellant’s pension account into which her husband’s retirement
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    benefits and pension were credited, and respondent No.1 had no

    entitlement to withdraw or appropriate the said funds for his personal use.

    40. In addition to the financial aspects, the Tribunal also recorded

    specific findings regarding ill-treatment and neglect. It was observed that

    after securing control over the appellant’s assets, the respondent ceased

    communication with her, created a hostile living environment through his

    family members, and compelled her to leave the shared residence and live

    in isolation. The Tribunal further noted that despite repeated attempts by

    the appellant to reconcile, the respondent remained indifferent and failed to

    provide emotional or physical support, thereby subjecting her to mental

    distress.

    41. It is relevant to note some of the extracts of statements made by

    respondent no.1before Tribunal, vide File No.D/234/2025 as under:

    “On 15.02.2025, Respondent No.1 admitted that he is the only son and he
    had been upset with his mother over a family discussion around a family
    function, which is why he stopped talking to her. He claimed that he was
    surprised that she had filed a case, but he was willing to do whatever she
    wanted. He admitted to taking her money and property saying he believed
    he had the right as he is her only son. When the tribunal asked him about
    the withdrawal of Rs.30lakhs in a single day, he confirmed it and said he
    gave Rs.5 lakhs to his daughter as pocket money. The tribunal felt it is hard
    to believe such a large amount would be given to a college student as
    pocket money.

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    Respondent started blaming his brother-in-law for supporting his mother
    about giving information about bank transactions and property transfers.

    On 22.02.2025, the respondent No.1 admitted that he is a short-temper and
    said he was not happy with his mother. He expressed that the tribunal and
    law protects only senior citizens rather than the respondents or else he
    would not care anyone. And the same is recorded by the tribunal as lack of
    respect towards the tribunal or law and observed lack of emotional
    attachments with his mother and disrespectful he behaved before the
    tribunal.”

    42. One aspect which weighed significantly with the Tribunal was the

    conduct and statements of the respondent no. 1 during the course of the

    proceedings. The record shows that during the initial hearings, the

    respondent no. 1 made several statements acknowledging the financial

    transactions in question and even expressed willingness to restore the

    funds to the appellant. However, after obtaining legal advise, the

    respondent no. 1 retracted from these statements and filed a counter

    affidavit denying the allegations. This shift in stand assumes significance

    in appreciating the true nature of the transactions.

    43. During the hearing before the tribunal, the respondent no.

    1acknowledged that he had withdrawn large amounts from the appellant’s

    account and had transferred the same to the accounts of his family

    members. When questioned about a substantial withdrawal made in a

    single day, the respondent no. 1 confirmed the transactions.
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    44. The respondent no. 1 also stated that he had stopped speaking to his

    mother following a family disagreement and acknowledged that he was

    upset with her. The record further indicates that he has short temper and

    expressed that he was compelled to appear before the Tribunal only

    because the law protects senior citizens. The Tribunal considered these

    statements to reflect a lack of respect towards the institution as well as an

    absence of emotional concern towards the appellant.

    45. This Court finds it difficult to accept that a son can justify severing

    ties with his aged mother over such trivial issues. A mother, who makes

    unparalleled sacrifices in raising her child, cannot be reduced to

    estrangement and neglect on account of ordinary family disagreements.

    Such conduct, particularly when it follows immediately after last transfer

    of properties and funds, reveals the true intention behind the transactions.

    The conduct of the respondent no. 1 post-transfer is not merely relevant but

    decisive, it demonstrates that once the properties and funds were secured,

    the obligation of care was abandoned. The respondent no. 1, while

    asserting a right over the properties, is unwilling to take back or care for

    his mother, which itself strikes at the very foundation of such transfers. In

    these circumstances, it is not only within the power but also the duty of the

    Court to intervene; otherwise, the law would stand as a silent spectator to

    injustice. Therefore, the learned Single Judge’s conclusion that fraud and
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    coercion has not been pleaded by the appellant is contrary to the material

    available on record.

    46. The learned Single Judge held that there was an abnormal delay of

    nine years in approaching the Tribunal. However, the appellant has

    consistently maintained that she became aware of the fraudulent

    transactions only in November, 2024, as respondent No. 1 was in complete

    control of her financial affairs, including the operation of her bank

    accounts and related transactions. The material on record further discloses

    that it was only after the transfer of the last property that respondent No. 1

    began to exhibit neglectful and hostile behaviour towards the appellant,

    thereby bringing to light his true intentions. It was in these circumstances

    that the appellant realized the extent of the financial exploitation

    committed upon her. Therefore, the delay stands satisfactorily explained

    and cannot be a ground to deny relief.

    47. The learned Single Judge also held that the Tribunal had recorded

    that the application was filed under Rule 21(3) of the 2011 Rules, and

    further held that Rule 21(3) deals with eviction and the power would lie

    with the District Collector, not with the Revenue Divisional Officer acting

    as the Tribunal.

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    48. The material on record shows that the application was in substance

    filed under Section 4(1) of the 2007 Act seeking protection of the

    appellant’s rights and property, and not for eviction under Rule 21(3). The

    reference to Rule 21(3) in the Tribunal’s order appears to be a mistaken or

    inapt reference, which does not alter the true nature of the proceedings.

    Importantly, the Tribunal has not passed any order of eviction against the

    respondent no. 1 or his family members. The relief granted is confined to

    cancellation of fraudulent transfers and restoration of property, which

    squarely falls within the scope of Section 23 of the Act. Therefore, Rule

    21(3) has no application to the facts of the present case.

    49. Even otherwise, Rule 21(3) cannot be read in isolation so as to

    curtail the jurisdiction of the Maintenance Tribunal constituted under

    Section 7 of the 2007 Act. The Tribunal, ordinarily presided over by the

    Revenue Divisional Officer, is the primary adjudicatory authority

    empowered to grant reliefs relating to protection of life and property of

    senior citizens. It is a settled principle that Rules are intended to

    supplement the parent statute and cannot override its substantive

    provisions. A harmonious construction would make it clear that while the

    Collector may exercise limited quasi-judicial powers in matters of eviction

    under Rule 21(3), the Tribunal retains the adjudicatory power to determine

    rights, cancel fraudulent transfers and order restoration of property.
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    50. This position is reinforced by the Hon’ble Supreme Court in para 24

    of Urmila Dixit case (4 Supra) referring it’s own decision in S. Vanitha

    case (5 Supra) held as under:

    this Court observed that Tribunals under the Act may order eviction if it is
    necessary and expedient to ensure the protection of the senior citizen.
    Therefore, it cannot be said that the Tribunals constituted under the Act,
    while exercising jurisdiction under Section 23, cannot order possession to
    be transferred. This would defeat the purpose and object of the Act, which
    is to provide speedy, simple and inexpensive remedies for the elderly.

    Therefore, the Revenue Divisional Officer, acting as the Maintenance

    Tribunal, had the requisite jurisdiction to entertain the application and

    grant the reliefs sought, and the objection based on Rule 21(3) is devoid of

    merit.

    51. The learned Single Judge held that the order is in violation of the

    procedure laid down under the 2007 Act as the draft was prepared by the

    Section Assistant. In the present case, as the note itself clearly records that

    the draft was prepared as per the dictation of the Revenue Divisional

    Officer, there is nothing on record to show that the decision-making power

    was delegated.

    52. The mere circulation of the file or the presence of a signature of the

    DAO on the note file does not, by itself, establish any illegality. These are

    internal administrative processes which do not affect the adjudicatory
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    function. Unless it is shown that the order was passed without application

    of mind or that the decision was taken by an unauthorized person, such

    internal procedures cannot vitiate the order. The Tribunal order reflects due

    consideration of the pleadings, evidence and submissions of both parties,

    and therefore cannot be find fault with on the basis of internal file note file

    or drafting assistance.

    53. The contention that the respondent no.1 did not sign the docket

    proceedings is also unfounded. The record clearly establishes that the

    respondent appeared before the Tribunal, participated in multiple hearings,

    and filed a detailed counter. Having thus submitted to the jurisdiction and

    participated in the proceedings, cannot later turn around and challenge the

    validity of the proceedings on technical grounds.

    54. The contention with regard to non-adherence to the conciliation

    procedure is also misplaced. Section 6 of the Act, 2007 states:

    “6. Jurisdiction and procedure.

    6. The Tribunal before hearing an application under section 5 may, refer
    the same to a Conciliation Officer and such Conciliation Officer shall
    submit his findings within one month and if amicable settlement has been
    arrived at, the Tribunal shall pass an order to that effect.”

    The above provision shows that the legislature has consciously used the

    word “may”, thereby making the reference to a Conciliation Officer
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    discretionary and not mandatory. The Tribunal is thus vested with the

    discretion to adopt conciliation where it considers appropriate, and it is not

    a condition precedent for adjudication. In the present case, the record

    reveals that several hearings were conducted and during the initial stages,

    the respondent himself expressed willingness to return the money. The

    mere absence of formal conciliation proceedings does not vitiate the

    proceedings, particularly when both parties were afforded full opportunity

    of hearing.

    55. The contention that admissions were not recorded on oath is equally

    unsustainable. Section 8 of the Act, 2007 clearly provides that the Tribunal

    may follow such summary procedure as it deems fit. Although the Tribunal

    is vested with the powers of a Civil Court, the provision does not mandate

    that every statement or admission must necessarily be recorded in a formal

    manner as in a civil trial.

    56. The legislative intent is to ensure expeditious and effective

    adjudication without being constrained by technical procedural

    requirements. In such proceedings, the Tribunal is entitled to rely upon the

    material placed on record, the conduct of the parties, and the statements

    made during the course of hearings. In the present case, the respondent

    had, during the initial hearings, orally admitted the transfer of money,
    24

    which was duly recorded by the Tribunal. Such admissions, viewed in the

    context of the summary procedure contemplated under Section 8 of the

    2007 Act, cannot be discarded merely on the ground that they were not

    recorded on oath.

    57. The allegation of non-compliance with Sections 6 and 8 of the Act

    and Rule 8, 10, 11 of the Rules is also without merit. The record clearly

    demonstrates that notices were duly issued, the parties were heard on

    multiple occasions, documentary evidence including bank statements was

    considered, and a reasoned order was ultimately passed. Section 8

    mandates only a summary procedure and does not require a full-fledged

    trial like civil proceedings. The essential requirements of natural justice i.e,

    notice and opportunity of hearing stand fully satisfied.

    58. In State Of Punjab And Another vs Shamlal Murari11 it is held that

    “processual law is not to be a tyrant but a servant, not an obstruction but
    an aid to justice. It has been wisely observed that procedural prescriptions
    are the handmaid and not the mistress, a lubricant, not a resistant in the
    administration of justice. Where the non- compliance, tho’ procedural, will
    thwart fair hearing or prejudice doing of justice to parties, the rule is
    mandatory. But, grammar apart, if the breach can be corrected without
    injury to a just disposal of the case, we should not enthrone a regulatory
    requirement into a dominant desideratum. After, all Courts are to do

    11
    1976 AIR 1177
    25

    justice, not to wreck this end product on technicalities. Viewed in this
    perspective, even what is regarded as mandatory traditionally may,
    perhaps, have to be moderated into wholesome directions to be complied
    with in time or in extended time.”

    59. In all, the procedural objections such as signatures of the Section

    Assistant and DAO, non-signing of docket proceedings by the respondent

    no.1, and alleged non-compliance with procedural rules, are purely

    technical in nature and do not affect the validity of the proceedings. It is

    well settled that procedural irregularities which do not cause prejudice

    cannot vitiate substantive adjudication, particularly in proceedings under a

    beneficial legislation.

    60. The written statements of the daughters were not treated as

    independent proof of title but were only considered as corroborative

    material supporting the case of the petitioner. In any event, the findings of

    the Tribunal are primarily based on documentary evidence, including bank

    records and admitted transactions, and not solely on such statements.

    Therefore, mere reference to the statements of family members does not

    vitiate the proceedings.

    61. The contention that the Tribunal lacks power to direct recovery of

    money or to permit recourse to police authorities is equally untenable.
    26

    It is relevant to state Section 2(f) of the 2007 act states that:

    “property” means property of any kind, whether movable or immovable,
    ancestral or self acquired, tangible or intangible and includes rights or
    interests in such property.”

    The scope of this definition is sufficiently wide to include monetary assets

    such as bank deposits and other financial resources. The power to protect

    the property of a senior citizen necessarily includes the power to restore

    misappropriated funds and undo fraudulent transactions. The direction

    permitting the petitioner to approach police authorities is only an enabling

    measure for enforcement and does not amount to excess of jurisdiction.

    Such a direction is in the scheme of the Rules, which contemplate

    involvement of police machinery for protection of the life and property of

    senior citizens, and cannot be construed as an excess of jurisdiction.

    62. It is also significant that the appellant confined her claim only to

    properties which stood in her own name and not to those belonging to her

    late husband. In fact, she acknowledged that any property belonging to her

    husband would devolve equally upon all his legal heirs. This aspect, in the

    view of this Court, lends credibility to her case and dispels the suggestion

    that the proceedings were motivated by extraneous considerations.

    63. The material on record also shows that the respondent no. 1 asserted

    entitlement to the appellant’s property on the premise that he was the only
    27

    son in the family. Such assertion not only reflects a misunderstanding of

    the law of succession but also reveals the underlying mindset which

    appears to have guided his conduct.

    64. The judgment dated 27.02.2026 in W.A. Nos. 197, 198 and 199 of

    2026 relied by Respondents arose in a context where the challenge was

    directed against orders passed under the 2007 Act and the Court was

    dealing with the issue of maintainability of writ proceedings in the

    presence of an effective statutory appellate remedy. The Division Bench,

    on the facts of that case, found that the parties had an adequate alternative

    remedy under the scheme of the 2007 Act and Rules and that the writ

    jurisdiction ought not to have been invoked in the absence of exceptional

    circumstances such as violation of natural justice or patent lack of

    jurisdiction. The case did not turn on allegations of fraud, coercion, or

    financial exploitation supported by admissions and documentary material,

    but rather on procedural propriety and the hierarchy of remedies

    contemplated under the statute.

    65. Per contra, the present case stands on a different footing. The issue

    here is not about bypassing a statutory remedy, but about the correctness of

    findings based on clear material indicating misuse of trust, unauthorized

    financial transactions and subsequent ill-treatment of a senior citizen.
    28

    Hence, the ratio of the aforesaid judgment, being confined to procedural

    aspects, does not govern the facts of the present case.

    66. Having considered the entire material placed before the Tribunal,

    this Court is of the considered view that the findings recorded by the

    tribunal cannot be said to be perverse or unsupported by evidence. While

    this Court has the highest respect for the reasoning adopted by the learned

    Single Judge, it must also be borne in mind that the present matter arises

    under a beneficial legislation intended to protect elderly parents from

    neglect and financial exploitation. The legislative intent behind the Act is

    to ensure that senior citizens are able to spend their twilight years with

    dignity, security and peace of mind.

    67. In view of the aforesaid facts and circumstances of the case,

    including the statements made by the respondent no. 1, the bank

    transactions on record and the surrounding conduct of the parties strongly

    indicate that the appellant’s trust was misused. The Tribunal was therefore

    justified in invoking its jurisdiction under the Act to protect the property of

    the appellant and to direct restoration of the properties.

    68. We, accordingly, hold that the order dated 17.05.2005 passed by the

    learned Tribunal is just and reasonable and we confirm the said order by

    setting aside the order dated 26.09.2025 passed in W.P.No.17870 of 2025.
    29

    69. Subject to above observations, W.A.No.1198 of 2025 is allowed.

    Miscellaneous applications pending, if any shall stand closed. There shall

    be no order as to costs.

    ________________________
    MOUSHUMI BHATTACHARYA, J

    ____________________
    GADI PRAVEEN KUMAR, J
    Date: 16.04.2026
    Vsv



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