LATEST UPDATEAllahabad High Court clarifies: Tribunal constituted under Senior Citizens Act has no authority to cancel fraudulent deeds
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Allahabad High Court clarifies: Tribunal constituted under Senior Citizens Act has no authority to cancel fraudulent deeds

In a significant ruling, the Allahabad High Court stated that a tribunal constituted under the Senior Citizens Act does not have the legal authority to declare a property gift deed fraudulent or cancel it. The court clarified that the power to adjudicate ownership disputes and verify the validity of documents is reserved exclusively for civil courts.

The Allahabad High Court has clarified this important legal position while hearing a case. The court stated in its order that a tribunal constituted under the Senior Citizens Act does not possess the power to declare a property transfer or gift deed as forged or fraudulently prepared and subsequently cancel it.

The court emphasized that adjudicating disputes related to property ownership and verifying the authenticity of documents falls within the jurisdiction of civil courts. The tribunal's responsibility is primarily limited to matters concerning the maintenance and welfare of senior citizens. Therefore, declaring a document as fraudulent is outside the tribunal's jurisdiction.

This matter arose when a property gift deed was challenged. The petitioner had sought the cancellation of the document before the tribunal. However, the High Court stayed this, stating that if anyone believes a document has been prepared fraudulently, they must file a suit in a civil court.

The court noted that the tribunal has been granted limited powers under the law. These powers cannot be expanded to allow it to exercise the rights of a civil court. This arrangement is necessary to maintain clarity in the judicial process so that there is no conflict between the jurisdictions of different courts and tribunals.

Legal experts believe that this decision by the High Court will prove to be an important guideline in settling property disputes. This will reduce the burden of unnecessary litigation on tribunals, allowing them to focus more on their core objectives. Additionally, it will help citizens choose the correct legal forum.

The High Court clarified that if a person wishes to challenge property documents, they must seek recourse in a civil court. Only there can the validity of documents be determined based on evidence. This decision ensures that the Senior Citizens Act cannot be misused to resolve property disputes.

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01अमर उजाला नेटवर्क, प्रयागराजOpen original report ↗