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As per case facts, Surender and Tirath Mehlawat (petitioners) challenged orders canceling property transfer deeds executed by their grandfather (respondent no.3). The grandfather initially sought cancellation alleging neglect, then withdrew
...the application upon assurance of care, but filed a second one claiming the petitioners were selling properties. The Maintenance Tribunal declared deeds void ex parte, and the Appellate Tribunal dismissed appeals. Petitioners argue no express maintenance condition existed in the deeds and allege the litigation was instigated by another grandson (respondent no.4) due to a family property dispute. The question arose whether transfer deeds could be declared void under Section 23 of the Act of 2007 without an explicit maintenance condition in the deed or specific pleading and proof of such a condition and its breach. Finally, the High Court, referring to precedents, ruled that such a condition is essential for Section 23's applicability and must be proven. Finding the tribunals failed this exercise and suspecting a property dispute orchestrated by respondent no.4, the High Court set aside the impugned orders and remanded the case for fresh adjudication.
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