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2025 Supreme(Mad) 2180

IN THE HIGH COURT OF JUDICATURE AT MADRAS 
S.M.SUBRAMANIAM, K.RAJASEKAR, JJ.
R.Muniyammal - Appellant 
Versus 
The District Collector/Appellate Tribunal - Respondent 
W.A.No.935 of 2025
Decided on : 28-04-2025


Advocates:
Advocate Appeared:
For the Appellant : Mr.N.Manokaran
For the Respondents: Mr.Vadivelu Deenadayalan, Additional Government Pleader Mr.B.Gopalakrishnan

The Senior Citizens Act allows for implied conditions of maintenance in settlement deeds, ensuring protection for senior citizens even without explicit terms.

Headnote:(A) Senior Citizens Act, 2007 - Section 23 - Writ appeal against order rejecting complaint of senior citizen regarding maintenance by son after executing settlement deed - The appellant executed the deed out of love and affection, expecting care from her son, who later neglected her - The court held that an implied condition for maintenance exists even without explicit terms in the deed, emphasizing the Act's purpose to protect senior citizens' dignity and rights. (Paras 10, 54)

(B) Legal principles - The court clarified that the age limit for senior citizens does not apply to parents seeking maintenance, and the implied condition of care is sufficient under the Act. (Paras 10, 54)

Facts of the case:
The appellant, a senior citizen, executed a settlement deed in favor of her son, who later neglected her, leading to her complaint for maintenance. The authorities rejected her complaint, citing lack of explicit conditions in the deed.

Findings of Court:
The court found that the implied condition of maintenance exists and directed restoration of property to the senior citizen.

Issues: Whether an implied condition for maintenance exists in the absence of explicit terms in the settlement deed.

Ratio Decidendi: The court ruled that the Senior Citizens Act allows for implied conditions of care, ensuring protection for senior citizens.

Result: Writ appeal allowed, order set aside.

Legal Category Hierarchy

  • family law
    • maintenance of senior citizens
      • senior citizens act 2007
        • section 23 property transfer revocation (Para 8, 9, 10)
        • section 4 maintenance entitlement
        • definition of senior citizen and parent (Para 2, 10)
        • implied conditions in property transfers (Para 8, 9, 10)
        • love and affection as consideration (Para 8, 9)
        • conduct of transferee (Para 9)
  • constitutional law
    • right to life article 21
      • dignity of elderly (Para 14, 16)
    • directive principles article 41
      • welfare of senior citizens (Para 14)
  • property law
    • transfer of property
      • gift and settlement deeds (Para 2)
      • fraud coercion undue influence
      • generalia specialibus non derogant

Table of Contents

1. Can parents who have not attained the age of 60 claim maintenance and protection under the Senior Citizens Act?

Yes, the Act covers both parents and senior citizens as two distinct classes. Parents need not be senior citizens to claim remedy under the Act, and the age limit of 60 years is not applicable to parents. (Para 10 )

2. Is an express condition in the settlement deed required under Section 23, or is an implied condition sufficient?

An implied condition is sufficient. The plain language of Section 23 does not require the condition to be stated in writing. The condition can be either express or implied and should be understood based on the conduct of the transferee. (Para 8 , 10 )

3. Does love and affection as consideration for a settlement deed create an implied condition for maintenance under Section 23?

Yes, love and affection is a consideration for settlement of property. When a senior citizen executes a deed out of love and affection, it creates an implied condition that the transferee will maintain the donor, and violation of this is a ground to invoke Section 23. (Para 8 , 9 )

4. Is the conduct of the transferee after execution of the deed relevant to determining conditions under Section 23?

Yes, the conduct of the beneficiary after execution of the settlement deed is to be viewed in the context of the objectives of the Senior Citizens Act. The condition is referable to the conduct of the transferee before and after execution of the deed. (Para 9 )

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 that he had earned money at a young age and contributed to the purchase of the property. The appellant has now filed a complaint allegedly at the instance of her daughters and has lodged a police complaint in the Krishnapuram Police Station, stating that the 3rd respondent had threatened and physically tortured her. However, the said statement is incorrect. The 3rd respondent has further stated that he is ready and willing to maintain the appellant in the event of joining with his family.

4. The Tribunal directed the Tahsildar to conduct an enquiry and submit a report. The Tahsildar recorded the statements of the complainant and the opposite party, verified the documents, and submitted a report to the Revenue Divisional Officer. The Revenue Divisional Officer passed a final order in Proceeding No. Ni.Mu.461/2023/A1, dated 12.05.2023, rejecting the complaint. The complaint was mainly rejected on the grounds that the appellant, during the relevant time, was aged about 57 years and not a senior citizen. Secondly, there was no specific condition in the settlement deed that the 3rd respondent should maintain the senior citizen. On these grounds, the complaint was rejected.

5. The senior citizen preferred an appeal before the District Collector, who in-turn passed an order in Proceeding Se.Mu.Na.No.997/A1/2022, dated 12.09.2023, confirming the order of the Revenue Divisional Officer. Thus, the appellant preferred a Writ Petition.

6. The Writ Court also arrived a conclusion that a specific condition in compliance with Section 23 of the Senior Citizens Act is required for the purpose of annulling the settlement deed. In the absence of any specific condition in the settlement deed, the senior citizen is not entitled for any relief. The Writ Court also relied on the same grounds in the orders passed by the Revenue Divisional Officer and the District Collector. However, the Writ Court stated that the senior citizen can seek remedy under the Common Law including Section 31 of the Specific Relief Act, 1963. The 3rd respondent voluntarily stated that he will pay a sum of Rs.5,000/- to the senior citizen for maintenance.

7. Challenging the Writ order, the present Writ Appeal has been instituted.

8. In the present case, the complaint filed by the senior citizen reveals that she was physically and mentally harassed by the 3rd respondent. She was driven out from her house. She has executed settlement deed out of love and affection and for the better future of the 3rd respondent. The terms 'love and affection' and 'the better future of the 3rd respondent' have been expressly stated in the settlement deed by the senior citizen. Under these circumstances, the question arises whether a specific condition in the settlement deed stating that the son will maintain his mother is

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