HC Quashes Cancellation Of Grandson’s Gift Deed

Hyderabad: The Telangana High Court, quashing administrative orders canceling a gift deed made by a grandfather in favor of his grandson, held that the authorities acted without authority while filing a “second appeal” under the Maintenance and Welfare of Parents and Elderly Persons Act, 2007.

A division bench comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin held that the commissioner or director of the Department of Care and Welfare of Parents, Senior Citizens and Transgender Persons has no legal authority to file a second appeal or review against the district collector, the appellate authority designated under the Act.

The court noted that the deed of donation signed on April 6, 2018 did not contain any express provision requiring grandson C. Srinivas to take care of his grandfather, who also had independent retirement income. Srinivas had demolished the old structure on the property in Medchal‑Malkajgiri area and constructed a new building worth around ₹4 crore with financial assistance and bank loans.

The grandfather had initially approached the authorities alleging negligence under the Act, but both the primary authority and the district collector rejected his plea. Later, the commissioner/administrator granted a “second objection” and withdrew the matter, which led to cancellation of the gift deed by the additional district collector.

Challenging these proceedings, Srinivas filed writ petitions which were dismissed by a single judge. On appeal, the division bench held that the single judge had failed to consider the issue of jurisdiction.

While annulling the annulment decision, Judge Mohiuddin explained that the court did not express any opinion regarding the substantive rights of the parties. The panel observed that the grandfather was at liberty to pursue legal remedies before a competent civil court.