While giving relief to 83-year-old Gurmeet Singh and his 72-year-old wife Kuldeep Kaur, the Punjab and Haryana High Court has stayed dispossession from their residential house in Saketri, Panchkula.The petitioner couple told the high court that they were owners of a house, which they had transferred to their grandson through a transfer deed out of love and affection a few years ago. However, later on, since they were not treated well by their grandson, they filed a petition under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and ultimately vide order dated June 2, 2026, the transfer of the house in favour of their grandson was cancelled and the property was reverted to them.They submitted that during the period when the property stood in the grandson’s name, he had mortgaged the house where they were living with a financial institution.Sahil Singla, counsel appearing for the petitioners, argued that since the ownership of the property has been restored to the petitioners pursuant to a judicial order, the same cannot be subjected to proceedings under the SARFAESI Act.He further submitted that the financial institution initiated proceedings under Section 14 of SARFAESI Act and managed to obtain a possession order on September 17 from the District Magistrate, Panchkula, allegedly while suppressing facts regarding the cancellation of transfer deed and restoration of the property to grandparents.The counsel further submitted that the provisions of Section 26E of the SARFAESI Act would not apply in the present case as the same apply only when there was any other law for the time being in force which is inconsistent therewith and the non-obstante clause contained in Section 26E of the SARFAESI Act would not apply to a judicial order.After hearing of the arguments, Justice Jasgurpreet Singh Puri and Justice Pravindra Singh, while issuing the notice to respondents, directed that in the meanwhile, the petitioners shall not be dispossessed from the property.The Bench has adjourned the hearing for December 16.


