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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON
Ashokan S/o. Sreenivasan – Appellant
Versus
Appellate Tribunal, Under The Maintenance And Welfare Of Parents And Senior Citizen Act, Ernakulam – Respondent
JUDGMENT :
HARISANKAR V. MENON, J.
The petitioner, who is stated to be the adopted son of the 5th respondent herein, has filed the captioned writ petition seeking to challenge Ext.P6 order issued by the 2nd respondent herein, by which a settlement deed at Ext.R5(c) stood cancelled at the instance of the 5th respondent herein, who had submitted Ext.P1 application.
2. Heard Sri.R.Divakaran, the learned counsel for the petitioner.
3. This Court notices that the 2nd respondent has issued Ext.P6 order, seeking to cancel Ext.R5(c), on the basis of an application at Ext.P1. The allegation contained in Ext.P1 is essentially to the effect that the petitioner has not taken care of the 5th respondent.
4. The learned counsel for the petitioner relied on the judgment of the Apex Court in Sudesh Chhikara v. Ramti Devi [2022 (7) KHC 637] and a Full Bench judgment of this Court in Subhashini v. District Collector, Kozhikode and Others [2020 (5) KHC 195] , wherein it is held that the requirement for providing the basic amenities/basic physical needs to a senior citizen have to be expressly stated in the document of transfer. In the case at hand, Ext.R5(c), on a prima facie consideration, does not conta
The court established that a settlement deed must clearly stipulate a caretaker's obligations for providing basic amenities to a senior citizen for it to be enforceable under the Maintenance and Welf....
Legal provisions under the Maintenance and Welfare of Parents and Senior Citizens Act require express conditions in deeds for basic needs; without such, a cancellation cannot be granted.
The court held that the order cannot be sustained as the respondent had not attained the age of senior citizenship as defined by law.
For cancellation of a settlement deed under the Act, express conditions for maintenance must be stated within the document; implied obligations are insufficient.
Conditions for property transfers under the Maintenance and Welfare of Parents and Senior Citizens Act must be substantiated through evidence, failing which a transfer cannot be declared void.
A settlement deed executed voluntarily without a maintenance condition cannot be canceled under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Transfer of property - Power u/s 23(1) of Act, 2007 - Tribunal could not have invoked powers under Section 23(1) as jurisdictional fact which ought to have been taken note of by Tribunal before invok....
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