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L. VICTORIA GOWRI
R. Yamuna Nandhini – Appellant
Versus
District Collector, Trichy District, Trichy – Respondent
ORDER :
Challenging the order passed by the 1st respondent in proceedings in Na.Ka.G1/531/2022 dated 29.03.2022 and the consequential order passed by the 2nd respondent by proceedings in Moo.Mu.A1/1545/2021, dated 04.05.2022, this Writ Petition is filed.
2. When the matter came up for admission before this Court on 20.05.2022, this Court was pleased to pass an order of interim stay of the impugned orders, accepting the contention of the learned counsel for the petitioner that a prima facie case for grant of injunction has been made out by the petitioner. The petitioner is the granddaughter of the 5th respondent through her son, one Shanmuga Vadivel i.e, her father/6th respondent. The 5th respondent had executed a settlement deed, dated 10.03.1973, bearing document No.711 of 2017, Manapparai Sub Registry, in favour of her son one Karthikeyan on 10.03.2017. Later the aforesaid Karthikeyan had executed yet another settlement deed bearing document No.2434 of 2020, dated 10.06.2020, Manapparai Sub Registry, in favour of the 6th respondent i.e., his brother with respect to subject property of the settlement deed executed in his favour by his mother on 10.03.2017. The 6th respondent namely,
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.
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....
Settlement deeds executed without conditions for care of the transferor cannot be voided under Section 23 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.
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.
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