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Rochak sikka   05 March 2020

Regarding jurisdiction of maintenance tribunal.

If an application is filed under Section 23 of welfare and maintenance of senior citizen act, 2007 - Tribunal handles these cases. But who in tribunal specifically?
Does the DM has the powers to look over and decide over the cases regarding revocation of gift deed under this act?


Learning

 9 Replies

G.L.N. Prasad (Retired employee.)     06 March 2020

Unless the facts and situations are studied, you can not expect on line guidance, please contact a local advocate for remedy.  There were several such cases where DM has given time and opportunity and then notified for cancellation of such gift deeds by victims.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     06 March 2020

DM has power to hear such application and pass all lawful orders within the ambit of the Act including the revocation of he gift-deed.

Rochak sikka   06 March 2020

But where in the Act or in any notification or in any rule or any case law it can be proved that DM has such powers to handle and decide the cases of revocation of gift deed under section 23 of welfare and maintenance of senior citizen act.

G.L.N. Prasad (Retired employee.)     06 March 2020

Here DM is a catalyst, and the actions are in between the donor and the donee and involvement may be cheating, criminal breach of trust, fraud or some kind of criminal actions and DM extends help legally valid in eyes of law through LSA within his powers.  Without such powers, no employee in GOVT, however noble he maybe not take the law into his hands and only after extensive probe and maintaining such opinions resort to such ultimate action that is within his ambit of defined powers/authority.

G.L.N. Prasad (Retired employee.)     06 March 2020

If you want a specific authentic interpretation of such law just file rti application to nodal SPIO, collectorate and seek simple information.

Information solicited:

1. Please provide me a copy of order/circular/notification that states of DM  powers to handle and decide the cases of revocation of gift deed under section 23 of welfare and maintenance of senior citizen act

 

Nikita Parekh   06 March 2020

Which City are you filing the Present Application

Rochak sikka   06 March 2020

The application was filed In Delhi

Dr J C Vashista (Advocate)     07 March 2020

Deputy Commissioner of your district is ex-officio Presiding Officer of the Tribunal where the victim / senior citizen has to invoke jurisdiction in concerned district headquarter.

Dr J C Vashista (Advocate)     07 March 2020

All 9 deputy commissioners  hold the Tribunal in Delhi.


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