Court allows man to rent out home previously gifted to son

Bombay HC cites cancellation of gift deeds as reason not to embargo or restrain owner from action

First India Bureau Mumbai: In an interim order, the Bombay High Court recently allowed a 74-year-old man to create third party rights by renting out his properties, in an appeal by his son against an Appellate Tribunal order.

It also restrained him from selling the properties till the proceedings are finally decided.

The order by Justice GS Kulkarni came in an appeal by senior citizen Rajendra Agrawal’s son against a November 2022 order by the Appellate Tribunal under the

Maintenance and Welfare of Parents and Senior Citizens Act 2007.

The tribunal order had allowed Agrawal, an Andheri resident, to cancel two gift deeds he signed in 2012 giving his properties to his eldest son Ravi and take possession of these properties. He had set ground that specific conditions in the deeds including his sons looking after him and not sell off the properties were violated. His eldest son Ravi Agrawal, 45, and his wife Sarika 45, had chal- lenged the tribunal order before the court.

Noting the tribunal order was a reasoned one, Justice Kulkarni said it appeared that Rajendra Agrawal had executed gift deeds in favour of the petitioners with a specific condition that the proceeds from these properties should be used to maintain him. He observed that there was also an explicit condition that the properties in the gift deeds shall not be sold by the petitioners. The court also ob-

BMC looking for alternatives to underground parking lots

served that since the gift deeds are cancelled and Agrawal is in possession of the properties, the petitioners cannot create any embargo or restrain him from renting them out so as to earn his livelihood and maintain a standard of living to which he is legitimately entitled.

“Accordingly, respondent no.4 (Agrawal) is permitted to create third party rights by letting out the premises, however, he shall not sell the property in favour of any third party during

PRE-EMPTIVE ACTION

First India Bureau

Mumbai: In the face of opposition to its proposed plan of creating parking lots under open spaces, the Brihanmumbai Municipal Corporation is now mulling other possibilities.

The BMC has floated a tender for “planning, design, construction of an underground multi-level electromechanical car parking system” for 288 vehicles with shuttle and robo parker system on the north side of Bal Gandharva Rangmandir at Patwardhan Park.

The civic body floated a tender for a fivestorey parking lot on a traffic island opposite Apsara Pen shop at Flora Fountain, Hutatma

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Chowk for 200 cars. The tender included planning, design, construction as well as operation and maintenance after completion of the same on the traffic island.

The BMC also floated a tender for a parking space, which can accommodate 640 cars, at its own engineering hub building at Dr E Moses Road in Worli with similar conditions such as maintenance of the parking system for 20 years after completion and operation and housekeeping of it for a period of five years, according to a report in MidDay newspaper. the pendency of the present proceedings,” said the February 24 order granting interim relief.

Notably, the BMC’s previous plan for underground parking has raised concerns over tree-felling and the possibility of flooding.

3 ‘safe’ after Navy chopper makes emergency

First India Bureau Mumbai: Three persons were rescued after an Advanced Light Helicopter (ALH) of the Indian Navy made an emergency landing in the Arabian Sea off the Mumbai coast on Wednesday, an official said.

The ALH had been on a routine sortie with three personnel on board. The crew was rescued by a naval patrol aircraft, the official said. An inquiry was launched into the incident, the official also said.

“An Indian Navy ALH on a routine flying mission off the Mumbai coast experienced a sudden loss of power and rapid loss of height. The pilot carried out controlled ditching over water close to the coast. All three aircrew exited the helicopter safely