Bombay High Court
RAMESH HARISHCHANDRA JALGAONKAR SINCE DECD. THR LRSAND ANRversusDARSHAN RAJESH JALGAONKAR
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the Tribunal’s order remains effective despite the senior citizen’s death and the right to sue survives in the legal heirs, and the transfer instrument is void under Section 23 of the 2007 Act unless set aside.
Summary
The petitioner, Darshan Rajesh Jalgaonkar, filed an interim application to record the legal heirs of the deceased senior‑citizen respondent. The Court considered a prior order that the Tribunal’s decree is not nullified by the death of the senior citizen and that the right to sue survives in the heirs. It was held that the instrument of transfer would be annulled under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 unless set aside by a competent court. Accordingly, the Court allowed the interim application, condoned the delay, and directed that the writ petition be amended to include the legal heirs within four weeks. The amended petition must be filed with the Registry for notice to the newly added respondents, and the matter is set for return on 2 December 2026.
Issues considered
- The death of a senior‑citizen respondent does not nullify the Tribunal’s order and the right to sue survives in legal heirs
- Whether the instrument of transfer is void under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Legislation cited
Subjects
- senior citizen
- survival of cause of action
- legal heirs
- interim application
- maintenance act
- annulment of transfer
Judgment
1 of 2 901.IA.7247.2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.7247 OF 2026
IN
WRIT PETITION NO.243 OF 2024
Mukund Ramesh Jalgaonkar and others Applicants
In the matter between :
Darshan Rajesh Jalgaonkar Petitioner
versus
Ramesh Harishchandra Jalgaonkar and another Respondents
_______
Mr.Viraj Shelatkar i/by Mr.Bhavin Jain for Petitioner.
Mr.Mandar Sawant for Respondent no.1 through V.C.
Dr.Dhruti Kapadia for Respondent-State.
_______
CORAM : AARTI SATHE, J.
DATE : 30th September 2026
P.C.
1. This Interim Application has been filed to bring on record the legal
heirs of the deceased Respondent senior citizen. A co-ordinate Bench of this Court
by an order dated 16th July 2026 after considering various decisions has taken a
view that the order of the Tribunal is not nullified by the death of the senior citizen
and the right to sue would survive through legal heirs. It was further held that the
instrument of transfer would stand annulled under Section 23 of Maintenance and
Welfare of Parents and Senior Citizens Act, 2007 unless set aside by a competent
Digitally signed
MANISH by MANISH
SURESHRAO
SURESHRAO
THATTE
THATTE
Date: 2026.09.30
Court. Considering the aforesaid order, this Court is of the view that the Interim
15:04:58 +0530
M.S.Thatte
2 of 2 901.IA.7247.2026.DOC
Application needs to be allowed in terms of prayer clauses (a) and (b). Ordered
accordingly. Delay in filing the Interim Application stands condoned.
2. Amendments to be carried out to the writ petition and Legal Heirs
nos.1 to 3 enlisted in paragraph no.2 of the Interim Application, be brought on
record within a period of four weeks from today. Re-verification is dispensed with.
3. Learned counsel for the Applicant to supply copies of the amended
writ petition to the Registry for issuance of notice to the newly added Respondents
within four weeks from today.
4. After the amendment is carried, issue notice to the newly added
Respondents returnable on 2nd December 2026.
(AARTI SATHE, J.)
M.S.Thatte
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