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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S. M. SUBRAMANIAM, K.RAJASEKAR
R.Muniyammal – Appellant
Versus
District Collector/Appellate Tribunal – Respondent
JUDGMENT :
S.M.SUBRAMANIAM, J.
Under assail is the Writ order dated 26.02.2024 passed in W.P.No.32 of 2024.
2. The appellant, who is the senior citizen and mother of the 3rd respondent, filed a complaint before the Revenue Divisional Officer/Senior Citizens Tribunal, Dharmapuri, stating that she had executed a settlement deed in favour of her son/3rd respondent due to love and affection and for the better future of the 3rd respondent. The senior citizen in her complaint has stated that at the time of executing the settlement, the 3rd respondent promised that he will take care of the appellant/senior citizen and his brothers and sisters. Trusting the 3rd respondent, the senior citizen executed the settlement deed. After execution of the settlement deed, the senior citizen was driven out from her house, and presently she is residing in her second daughter's house. She is suffering to lead her livelihood and meet her medical expenditure. The 3rd respondent being the eldest son, the senior citizen trusted him to take care of her till her lifetime.
3. The 3rd respondent in his reply has stated that the property was purchased by his father in the name of his mother/appellant. He also claimed
The Senior Citizens Act allows for implied conditions of maintenance in settlement deeds, ensuring protection for senior citizens even without explicit terms.
The Senior Citizens Act allows for the annulment of property transfers by senior citizens if not provided basic care, recognizing emotional support as implied condition for dignity and security.
The Senior Citizens Act mandates that settlements involving property transfers include an implied obligation for maintenance, which if violated, can render such deeds void.
Senior Citizens Act enables annulment of property transfers made under coercion if the transferee fails to provide essential care, emphasizing the right to a dignified life.
The settlement deed executed by a senior citizen can be annulled for non-provision of basic amenities and maintenance, even without explicit conditions, focusing on the underlying intent of care and ....
The Senior Citizens Act allows seniors to void property transfers if the transferee fails to provide essential care as an implied condition, safeguarding their right to a dignified life.
Conditions for property transfer by senior citizens may be implied; failure to provide care can invalidate settlement deeds under the Senior Citizens Act.
The Senior Citizens Act allows annulment of property transfers if the transferee neglects to provide care, even without explicit conditions in the deed.
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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