Jaswant Singh VS

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JASWANT SINGH VS.

SHIVANI SANGARI
 Appearing for respondent, before hon’ble ADC-Cum- Maintenance Tribunal, UT
Chandigarh.
 Written reply from respondent dated 22.12.2023, to application 28.01.2021:
1. Shivani entered agreement to sell dated 28.01.2019 but got house no. 1372,
sector 22-B, Chandigarh transferred under her individual name under undue
influence.
2. Shivani failed to provide basic amenities and physical needs. Applicant
reproduced section 23(1) of Maintenance and Welfare of Parents and Senior
Citizens Act 2007.
3. Notice issued to respondent for 06.05.2021. Resp appeared and filed reply.
4. Appeal not maintainable under section – 23 of Act in view of judgement
Hon’ble Supreme Court of India in Civil Appeal no. 174 of 2021, title “Sudesh
Chitkara Vs. Ramti Devi”: deed cannot be cancelled if it does not specifically
state to provide for amenities. Present application reproduced deed dated
30.01.2019, thus petition not maintainable.
5. Applicant raised point of respondent not paying balance amount of in sale. In
case of Vidhyadhar vs Manak Rao, Apex Court held entire amount not paid
after transfer of title cannot be considered ground for cancellation of sale
deed.
6. Wife of the applicant also filed civil suit against daughters u/s 12 of Protection
of Women From Domestic Violence Act, 2005. The other two cases by
daughters for declaration in civil suit in Panchkula. It is claimed that Jaswant
was under influence of drugs administered by Shivani while transferring title.
7. Shivani youngest of the five daughters of applicant. Under contention whether
title transferred as a gift or sale, but maintenance 30,000 rs to be paid by
Shivani. Agreed to pay maintenance for 5 years altogether. Applicant also
made similar transfer to Nishu Sharma w/o of Shailendra Sharma.
8. Resp married to Maulesh Kumar. Expenses borne by respondent only. Before
her, all sisters married and expenses borne by applicant and Smt. Sunder Bala.
9. Rs. 20,00,000 transferred for maintenance, including 2,00,000 loan amount.
16,00,000 more sent as loan to applicant.
10.Applicant and family pressure and harass resp. to divorce her husband.
Mother of resp. already filed a suit under Domestic Violence Act pending at
Chandigarh Court. Copy of complaint Annexure R-1.
11. Presently answering respondent and mother staying in USA due to threat of
life in India.
12. Hema Chopra vs Jaswant Singh filed in Panchkula Court, to get answering
respondent’s mother’s property, still pending.
13. Jaswant alleges that title was transferred to Shivani for 1.80 crore, out of
which 1.50 crore has not been paid.
 Suit for permanent injunction: Shivani vs Jaswant Singh & Others. Restraining resp 1
and 2 for taking any step towards cancellation of transfer deed of house no. 1372.
 Transfer as gift on 30.01.2019.
 Agreement to sell of 1.80 crore rupees made on 28.01.2018.
 Amount of almost 36 lakhs given by Shivani being shown as part of payment of
transfer property of sale deed.

1. Application dated 21.12.2023 for impleading Applicant (wife of petitioner) as


resp no. 2 under order 1 rule 10 CPC rw sec 151 CPC under clause no. 5(B) of
Punjab Maintenance and Welfare of parents and senior citizen rules.
2. application 28.01.2021 under section 23 (1) of Maintenance and Welfare of
Parents and Senior Citizens Act 2007 for not paying maintenance on
property transferred and only 30 lacs paid in transfer deed.
3. Application dated 4.9.2020 u/s 23 of Protection of Domestic Violence Act.
Sunder Bala Sangari vs Hema and others.
4. Suit for declaration: Sunder Bala Sangari vs Jaswant Singh for property SCO no.
844, NAC Manimajra, Chandigarh and restraining defendants from making any
alienation, mortgaging or creating other interests. Original allottee was
Sunder and Jaswant became joint owner by fraud.

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