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Sharda Devi v. State of Uttar Pradesh and 3 Others

Allahabad HC10 Apr 2026WRIC/12768/2026

Case brief

AI extract

What is this about?

Senior citizen; cancellation of gift deed; Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Sections 22 and 23; Sub Divisional Magistrate Tehsil Atrauli District Aligarh; Case No. 5519 of 2024; Sharda Devi v. Atul Kumar Verma; registered gift deed dated 08.11.2023; statutory appeal before ADM (Administration) Aligarh; interim protection against dispossession; notice to respondent no.4; WRIT - C No. 12768 of 2026; Allahabad High Court; Vinod Diwakar, J.; listed fresh 26.5.2026.

What did the court decide?

Interim order: notice to respondent no.4 (counter affidavit within four weeks); petitioner protected against dispossession from the house till pendency of the petition; matter listed fresh on 26.5.2026. No final decision on merits. ¶20

Sharda Devi vs State of Uttar Pradesh and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition challenging the order dated 04.07.2025 of the Sub Divisional Magistrate, Tehsil Atrauli (rejecting cancellation of the registered gift deed dated 08.11.2023 and affirming maintenance direction under Sections 22 and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007), as upheld in appeal, requires consideration by this Court.

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Court's answer

Interim protection: the petitioner shall not be dispossessed from the house till the pendency of the writ petition.

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Ratio / Principle

Notice issued to respondent no.4 with liberty to file counter affidavit within four weeks.

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Detailed headnote1 paragraphs

Interim order in writ petition under Articles 226 jurisdiction (WRIT - C No. 12768 of 2026, High Court of Judicature at Allahabad, Vinod Diwakar, J., decided April 10, 2026). Petitioner, a senior citizen, challenged the order dated 04.07.2025 passed by the Sub Divisional Magistrate, Tehsil Atrauli, District Aligarh in Case No. 5519 of 2024 (Computerized Case No. T202418020505519), titled Sharda Devi v. Atul Kumar Verma, under Sections 22 and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, whereby her claim for cancellation of a registered gift deed dated 08.11.2023 executed in favour of respondent no.4 (her only surviving son) was rejected and only a maintenance direction was issued, allegedly never complied with; the statutory appeal before the Additional District Magistrate (Administration), Aligarh was dismissed affirming the SDM's order. The Court held the matter requires consideration, issued notice to respondent no.4 with liberty to file a counter affidavit within four weeks, directed that the petitioner shall not be dispossessed from the house till the pendency of the petition, and listed the matter fresh on 26.5.2026. No final ruling on the merits was made.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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WRIT - C No. - 12768 of 2026

Sharda Devi

.....Petitioner(s)

Versus

State Of Uttar Pradesh And 3 Others

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.....Respondent(s) Counsel for Petitioner(s) : Najam Uz Zaman Khan, Sajid Razi Counsel for Respondent(s) : C.S.C.

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Court No. - 37

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HON'BLE VINOD DIWAKAR, J.

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Heard learned counsel for the petitioner and learned Standing Counsel for the State.

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By means of instant petition the petitioner has challenged the impugned order dated 04.07.2025, passed by the Sub Divisional Magistrate, Tehsil Atrauli, District Aligarh in Case No. 5519 of 2024, Computerized Case No. T202418020505519, titled Sharda Devi v. Atul Kumar Verma, under Section 22 and 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

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Learned counsel for the petitioner submits that the petitioner is a senior citizen and had executed a registered gift deed dated 08.11.2023 in favour of respondent no.4, who is her only surviving son, out of natural love and affection and with the legitimate expectation that he would maintain and provide for the basic needs, care, and security of the petitioner and her husband during their lifetime.

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However, subsequent to the execution of the aforesaid gift deed, respondent no.4, in collusion with his wife and mother-in-law, not only failed to discharge his statutory as well as filial obligations of maintenance and care, but also subjected the petitioner to continuous mental and physical harassment, made attempts to alienate the property in question, and ultimately dispossessed the petitioner from her residential house. Aggrieved thereby, the petitioner instituted proceedings under Sections 22 and 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Sub Divisional Magistrate, Tehsil Atrauli, District Aligarh, however, vide order

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WRIC No. 12768 of 2026

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dated 04.07.2025, rejected the petitioner's claim for cancellation of the gift deed and merely issued a direction to respondent no.4 to maintain and take care of the petitioner, which direction was never complied with till date. Thereafter, the petitioner preferred a statutory appeal before the Additional District Magistrate (Administration), Aligarh, which too was dismissed, affirming the order passed by the Sub Divisional Magistrate. Being aggrieved by the aforesaid orders, the petitioner has approached this Court by means of the present petition.

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