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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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