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2018 Supreme(Ker) 1530

A.MUHAMED MUSTAQUE
Sreenivasan, S/o. Krishnan – Appellant
Versus
District Collector, Civil Station, Palakkad – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.V.A.Johnson (Varikkappallil)
For the Respondent: Sri.S.Gopinathan, Sri.R.Harishankar

JUDGMENT :

1. The petitioner, impugning the order passed by the Maintenance Tribunal under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, the Act), has approached this court.

2. The petitioner is the son of the third respondent. The third respondent executed a settlement deed on 2.8.2011 settling 49 cents of land in favour of the petitioner. The land comprised a residential building. In the settlement itself, reservation was made in favour of the settler, the third respondent and his wife, to reside in the house during their life time.

3. The third respondent filed an application before the Maintenance Tribunal under Section 23 of the Act to declare that the transfer of the property is void in terms of Section 23. The Tribunal allowed the application.

4. In the order, after adverting to the rival claims, the Tribunal was of the view that the settlement deed had to be declared as void, without entering into any definite findings that the petitioner failed to provide the basic amenities and basic physical needs to the third respondent. The question is, 'what are the circumstances under which a document can be declared as void'. Section 23 o

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