VIJAYAWADA: The AP High Court has ruled that a registered partition deed executed for the distribution of joint family properties cannot be cancelled by a Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The court held that a partition deed merely redistributes pre-existing rights among family members and does not amount to a transfer of property.
While hearing a petition, Justice Nimmagadda Venkateswarlu observed that Section 23(1) of the Act empowers the tribunal to declare a property transfer void only when a senior citizen has transferred property through a gift deed or a similar transfer subject to the condition that the transferee would provide for the senior citizen’s maintenance and welfare. If that condition is violated, the transfer can be revoked under the Act.
The court found that in the present case, there was no transfer of property by the mother, Ramalakshmi, to her son. Instead, the parties had only partitioned their jointly owned family properties. Therefore, a dispute relating to maintenance between the mother and son could not confer jurisdiction on the Maintenance Tribunal to cancel the partition deed.
The High Court set aside the order passed by the Appellate Tribunal (West Godavari District Collector) on August 19, 2023, which had cancelled the registered partition deed, and restored the original document. However, the court granted Ramalakshmi the liberty to approach a competent civil court if she wishes to seek maintenance or challenge the partition deed through appropriate civil proceedings.
