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C. V. KARTHIKEYAN
Minor N. Kalandhika Rep. through her mother and natural Guardian Dr. Mrs. M. Jeyapriya – Appellant
Versus
District Collector/Appellate Tribunal – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of certiorari, call for the records relating to the impugned order in No.Se.Mu.Na.Ka.No.1567/a1/2023 dated 17.05.2023 passed by the 1st respondent and to quash the same as contrary to law.
This writ petition has been filed in the nature of certiorarified mandamus seeking to call for the records of the order dated 17.05.2023 passed by the 1st respondent, District Collector/Appellate Tribunal for Senior Citizens Maintenance and Welfare at Chennai and to quash the same.
2. In the affidavit filed in support of the writ petition, it had been contended that the writ petitioner who is a minor and grand daughter of the 4th respondent, was a beneficiary of a Settlement Deed dated 01.06.2022, registered as Document No.4277 of 2022 in the Office of the Sub Registrar, Virugambakkam with respect to a property viz., Flat No.2, First Floor, Sai Krishna Apartments, Park View Street, Alwarthirunagar, Valasarawakkam, Chennai – 600 087.
3. The 4th respondent owing to various grievances, had given a petition before the 2nd respondent, Revenue Divisional Officer/Tribunal for Senior Citizens Maintenanc
A minor cannot be legally bound by obligations in a Settlement Deed, rendering such covenants voidable, and maintenance claims must be pursued independently under the relevant Act.
A settlement deed without specific conditions for maintenance cannot be cancelled under the Maintenance and Welfare of Parents and Senior Citizens Act, and the petitioner is mandated to provide maint....
A settlement deed cannot be cancelled without conditions regarding maintenance, and the right to reside in the property cannot be denied to the transferor under the Maintenance and Welfare of Parents....
The main legal point established in the judgment is the interpretation of Section 23 of the Senior Citizens Act and the applicability of the Indian Contract Act and the Transfer of Property Act to th....
The love and affection between the parent and the child is an implied condition in the Settlement Deed and any violation of this condition would amount to fraud, coercion or undue influence, thus att....
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