SUCCESS STORY OF A CIVIL CASE
Applicant in this case was a senior citizen, aged about 76 years old, her husband deserted her in 1990, leaving behind 8 daughters. Ever since then, she had been solely taking care of all the educational and social needs of all her daughters. Currently, all her daughters are married and settled with their respective families. The applicant was distressed of the fact that one of her daughter along with her husband had fraudulently got transferred house owned by the applicant, in their names by executing a Gift Deed in their favor. The property in issue was situated at East Rohtash Nagar, Shahdara, Delhi.
The applicant was brought to the office of District Legal Services Authority (hereinafter referred to as DLSA), Shahdara by one Para Legal Volunteer and she interacted with Ld. Secretary, DLSA and gave the detailed account of her misery and the fact that she was very poor and her only property, i.e. her house had been illegally usurped by her own daughter.
Applicant stated that she had been deprived of basic amenities and not being maintained by her daughter. She further alleged that her daughter and her husband were mentally torturing, harassing, humiliating and beating the applicant and threatening her to throw her out of her own house. Ld. Secretary consoled her and advised her to be strong. He promptly assigned the matter to Front office Advocate, Sh. Manu Gupta, Legal Aid Counsel, ADJ Panel, who recorded her submissions and drafted suitable application for cancellation of the impugned Gift Deed to be filed before the Senior Citizens Tribunal at the Office of District Magistrate, Shahdara under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as ‘Act’). He further forwarded the said application to the Legal Aid Clinic of DLSA Shahdara, situated at the Office of District Magistrate, Shahdara, which further assisted the applicant to file the said application before the above mentioned Tribunal.
The Tribunal issued show cause to the respondents to respond to allegations of the applicant that the transfer of property in question was made by way of fraud and coercion and that applicant had been deprived of the basic amenities and not being maintained by the Respondents but the respondents failed to satisfy the Tribunal. The Tribunal, thus, in terms of Section 23 of the Act, cancelled the Gift Deed in question, vide order dated 17.09.2018 and provided intended relief to the applicant.
The applicant was very satisfied with the help and support provided by the Authority and expressed her gratitude to the efforts put in by Ld. Secretary and LAC , Sh. Manu Gupta.
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