SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(Ker) 494

RAJA VIJAYARAGHAVAN V.
Saju Krishnan, S/o. Krishnankutty – Appellant
Versus
Sub Collector and Presiding Officer, Thiruvananthapuram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.V.R.Gopu, Shri.J.Narayana Pillai, Advs.
For the Respondent: Sri.Rajesh P.Nair Adv., Smt Sheeja C S, Senior Government Pleader

JUDGMENT :

1. Under challenge in this writ petition is the order passed by the 2nd respondent invoking powers under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, 'the Act' ), by which the settlement deed executed by the respondents 4 and 5 in favour of the petitioners were revoked and the properties were reconveyed to the parents.

2. The petitioners herein are the sons of the respondents 4 and 5. In the year 2013, Exts.P1 and P2 settlement deeds were executed in favour of the petitioners by their parents. The consideration stated in the deed is the love and affection that the parents had towards their progeny. However, there was no condition in the respective deeds for provision of basic amenities and for basic physical needs to the parent or senior citizen. Contending that the petitioners herein had neglected the parents, the party respondents approached the Maintenance Tribunal. An inquiry was conducted and Ext.P6 order was passed cancelling Exts.P1 and P2.

3. Sri. V.R.Gopu, the learned counsel appearing for the petitioners submitted that the Tribunal had passed the impugned order without conducting the mandatory conciliation proceedi

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top