Sanjeev Sachdeva JUDGMENT
Sanjeev Sachdeva, J.
1. The Petitioner impugns the order dated 31.08.2015 passed by the Maintenance Tribunal (under Maintenance & Welfare of the Parents and Senior Citizens Act, 2007) (hereinafter referred to as the Act).
2. Respondent No. 1 is the father of the Petitioner and Respondent Nos. 2 and 3. Respondent No. 1 was the Petitioner before the Maintenance Tribunal.
3. By the impugned order dated 31.08.2015 the Maintenance Tribunal has directed as under:
"1) That the relinquishment deed bearing registered No. 20710 in book No. 1 vol No. 6806 on page 191 to 195 doted 5/10/2012, regarding H. No. 48, situated at old Brij Puri, Khureji Khas, Delhi 51 is hereby declared as void, to the extent of Petitioner's ownership right of 1/4th share measuring about 53 sq. yards in the said property.
2) That the Respondent No. 1 shall handover back to the Petitioner 1/4th portion about 53 sq. yards (from Ground Floor to Top Floor including open terrace) of the property, and get, the same properly demarcated by brick wall within 30 days, of the receipt of order.
3) That all the three Respondents 1 to 3 shall make a payment of Rs. 2000/- each per month as maintenance allowance to the Petitioner by 10th of every month every month by depositing the same in the bank account of the Petitioner or cash payment against proper acknowledgement receipt.
4) That all the Respondents shall look after and take proper care of the Petitioner.
5) That the SHO P.S. Brij Puri, Delhi shall ensure timely compliance of the above orders, and status/action taken report in this regard be sent to the tribunal. The SHO shall also ensure safety and protection of life of the Petitioner."
4. The case of the Petitioner is that the mother of the Petitioner was the owner of property bearing No. 48, Old Brij Puri, Khureji Khas, Delhi. Apart from the above-referred property, the mother also left behind a property bearing No. A-10/1, Chauhan Bangar, Jafrabad Road, Delhi. The mother of the Petitioner and Respondent Nos. 2 and 3 died on 01.04.1993 leaving behind Respondent No. 1, her husband, three sons and seven daughters.
5. It is contended that earlier, Respondent No. 1 had made a claim that the property situated at Jafrabad Road, Delhi had been orally gifted to him by his wife, i.e., late mother of the Petitioner. The claim was rejected by Award dated 14.01.1996.
6. It is contended that Respondent No. 1 after the demise of his wife contracted a second marriage at the age of 66 years with a lady of 25 years of age. It is contended that when objections were raised by the neighbours, Respondent No. 1 shifted to Varanasi.
7. The Petitioner as well as his brothers and sisters executed a Relinquishment Deed in favour of Respondent No. 1 in respect of Jafrabad Road property. It is contended that subsequently thereto the said property has been sold by Respondent No. 1 and the sale proceeds appropriated by him.
8. A Relinquishment Deed was executed by the Respondent No. 1 as well as all the brothers and sisters of the Petitioner, in favour of the Petitioner on 03.10.2012 in respect of the property situated at Old Brij Puri, Khureji Khas, Delhi.
9. Respondent No. 1 filed a petition under Section 9 & 23 of the Act against the Petitioner as well as the Respondent Nos. 2 and 3, i.e., the three sons of Respondent No. 1.
10. It is contended, by Respondent No. 1, in the said petition before the Maintenance Tribunal, that the property bearing No. 48, Old Brij Puri, Khureji Khas, Delhi was purchased by Respondent No. 1 but registered in the name of his deceased wife.
11. It is contended, in the said petition, that the Petitioner being the youngest son of Respondent No. 1 persuaded and prevailed upon the ........