Senior Citizen--Title of Property--Summary Proceedings Under Senior Citizens Maintenance Act Cannot Substitute Regular Civil or Revenue Suits for Property Disputes
Protection of property of senior citizens under the U.P. Maintenance and Welfare of Parents and Senior Citizens Act, 2007 does not extend to adjudication of rival ownership or possession claims over immovable property. Such disputes require filing of pleadings, framing of issues, adduction of evidence, and cross-examination of witnesses, which summary proceedings under the Maintenance Act do not permit. Rival claims of title can only be decided by a competent Civil or Revenue Court in a regular suit. Section 27 of the Act, barring civil court interference, does not apply where the Act is invoked to resolve property disputes between unrelated parties.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
