Karnataka High Court – – Important Ruling – Partition deed is not covered under Section 23 of the Senior Citizens Maintenance and Welfare Act 2007 and therefore, cannot be challenged.
In 1993, the partition deed was executed between the petitioner no.1 wife and children including the petitioner no.2 – son of the respondent no.2. The land in question was given to the petitioner no.2 – son. Accordingly, mutation entry was made in favour of son.
This was challenged by the respondent no.1 in 2016. The Assistant Commissioner allowed the claim and directed to take entry of his name. However, the Senior Citizens Appellate Authority directed for the names of the petitioner no.1 and the respondent no.1 in the record.
The Karnataka High Court had followed its earlier decision in W.P.No.36601 of 2017 decided on 25.3.2019 in the case of Sri Nanjundappa and another Vs. State of Karnataka and others. In that case it was held that –
The scope of the term “transfer by way of gift or otherwise by a senior citizen” in Section 23(1) of the Act of 2007. The concept of partition is a re-distribution or adjustment of pre-existing rights among co-owners / coparceners resulting in a division of lands or other properties jointly held by them in different portions. The effect of such a division is that joint ownership is terminated and the respective shares vest in the respective parties. The separation of a share is a species of partition. Such a partition cannot be said to be “transfer” covered by the expression “otherwise”.
Judgment dated 16.1.2024 in W.P.Nos.11991 and 6142 of 2021 (GM-RES)
