Senior Citizen Act Can't Be Used To Reclaim Property From Children Of First Wife Amid Family Dispute: Punjab & Haryana High Court

The Punjab & Haryana High Court has dismissed a Letters Patent Appeal filed by a senior citizen seeking maintenance and cancellation of a property transfer in favour of his sons from his first marriage, holding that the dispute was essentially a family property matter and not a case of neglect under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.Justice Ashwani Kumar Mishra and Justice Rohit Kapoor said, "The authorities under the Act of 2007 have duly examined the peculiar facts involved and material on record, and on being convinced that the appellant is living comfortably with his wife and son from the second marriage and that the dispute is in the nature of family/property dispute, with the sole intent of claiming back the property from the children of the first wife of the appellant, have refused to grant the relief to the appellant. Even before the learned Single Judge, the findings regarding the appellant being maintained and looked after, and having sufficient resources have gone unrebutted."Speaking for the bench Justice Rohit Kapoor said, appellant has failed to point out any infirmity in the orders passed by the respondent-authorities under the Act of 2007 and on a pointed query of the Court, he concedes that he is residing with his second wife and son from the second marriage. The factum regarding transfer of property by the appellant in favour of his second wife is also not disputed. No other point has been argued before us.The appellant had approached the authorities under Sections 4, 5, and 23 of the Act, alleging that after transferring property to his sons, they failed to maintain him. He sought monthly maintenance of ₹30,000 and cancellation of the transfer deed dated April 19, 2023.However, the sons contested the claim, stating that they were raised by their maternal grandparents after their parents' divorce decades ago and had, in fact, supported the appellant in reclaiming ancestral property and handling related litigation. They further alleged that the appellant was living comfortably with his second wife and son from the second marriage and was engaged in multiple business activities.The competent authority dismissed the petition on September 17, 2024, a decision which was upheld by the Appellate Tribunal on February 19, 2025. The Tribunal observed that the appellant had sufficient means and was not dependent on the respondents for maintenance.Subsequently, the appellant filed a writ petition, which was also dismissed by the Single Judge on May 28, 2025. The Court had noted that the appellant was residing with his second family and had adequate resources to maintain himself, and that the proceedings appeared to be an attempt to reclaim property.Dismissing the present appeal, the Division Bench observed that the authorities under the 2007 Act had duly considered the material on record and found that the appellant was living comfortably and had sufficient means. The Court also noted that these findings remained unrebutted.The Bench further recorded that the appellant himself admitted to residing with his second wife and son and did not dispute transferring property in favour of his second wife.Finding no illegality, infirmity, or perversity in the orders passed by the Single Judge, the Court held that no interference was warranted and dismissed the appeal. Title: Jeet Singh v. State of Punjab and othersCitation: 2026 LiveLaw (PH) 167Click here to read order

Senior Citizen Act Can't Be Used To Reclaim Property From Children Of First Wife Amid Family Dispute: Punjab & Haryana High Court

Aiman J. Chishti

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Aiman J. Chishti

Senior Citizen Act Can't Be Used To Reclaim Property From Children Of First Wife Amid Family Dispute: Punjab & Haryana High Court

Aiman J. Chishti

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Aiman J. Chishti

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