Right to appeal under Senior Citizens Act is only available to elders, rules Karnataka HC

Bengaluru: The Karnataka High Court has ruled that the right to appeal under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is exclusively available to senior citizens or parents.

This right cannot be exercised by other parties, including children or transferees.

A division bench comprising Chief Justice NV Anjaria and Justice KV Aravind made this observation while partly allowing a writ appeal filed by K Lokesh.

Case background

In February 2019, P Krishna executed a gift deed transferring a 1,500 sqft house in Adugodi, Bengaluru, to his elder son, Ayyappa. Later, alleging fraud and denial of basic amenities, Krishna approached the assistant commissioner under the Senior Citizens Act. On February 27, 2023, the assistant commissioner cancelled the gift deed based on Krishna's complaint.

On July 14, 2023, Krishna bequeathed the same property to his second son, K Lokesh, through a registered will and passed away the same day. Subsequently, Ayyappa appealed the cancellation of the gift deed before the deputy commissioner under Section 16, who overturned the assistant commissioner’s order and restored the property rights to Ayyappa.

Lokesh challenged this decision in the High Court, which initially remitted the case to the deputy commissioner for reconsideration. However, in January 2024, the deputy commissioner once again set aside the assistant commissioner’s order, restoring property records in Ayyappa's name. Lokesh then filed a writ petition, and a single bench nullified both the assistant commissioner’s and deputy commissioner’s orders, directing the parties to resolve their rights in a competent court.

Division bench ruling

Lokesh appealed the single bench's decision, prompting the division bench to clarify that Section 16 of the Act grants the right of appeal solely to senior citizens or parents. The court held that Ayyappa’s appeal before the deputy commissioner was not maintainable under the Act.

“He (Ayyappa) may pursue any other legal remedy available against the order passed by the assistant commissioner. The primary issue will once again be the effect of the registered will, which is left to the parties to invoke appropriate remedy,” the bench said.