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.

JUDGMENT

S.M.SUBRAMANIAM J.

Table of Contents:

Under assail is the order dated 13.06.2024 in W.P.No.20797 of 2022.

I. Facts in Brief:

2. The 3^rd respondent Mrs.K.Kasthuri is the senior citizen, who filed a complaint before the Tribunal/Revenue Divisional Officer, Kanchipuram on 30.03.2021. The complaint reveals that the senior citizen is an illiterate person and cannot read or write. She has one son, Mr. Yoganand, and two daughters, Mrs. G. Yogeswari and Mrs.Yogakumari. The husband of the senior citizen died in the year 2020. Thereafter, the senior citizen was compelled by her son/appellant to settle the property in his name. On account of compulsion and coercion, the 3^rd respondent/senior citizen settled the family property in the name of the appellant. Thereafter, the appellant has not allowed the daughters of the senior citizen to enter into the family house. The senior citizen was provided a small room in the house. The appellant started neglecting the senior citizen. The appellant in a drunken mode, threatened the senior citizen by stating that the vacant plot belongs to the senior citizen, should not be settled in favour of her daughters. However, the senior citizen settled the vacant plot in favour of her two daughters. The appellant physically attempted to attack the daughters of the senior citizen with stone. However, the persons standing nearby stopped him. Apart from the property settled by the senior citizen in favour of the appellant, he has a separate house and a land in his name. Thereafter, the senior citizen was unable to live in her family/matrimonial house and presently, she is living with her daughter. The husband of the senior citizen was employed in Neyveli Lignite Corporation and after his retirement, he purchased some jewels from and out of his retirement benefits. 30 sovereigns of gold have been taken away by the appellant from the senior citizen. With this complaint, the senior citizen prayed for cancellation of the settlement deed and to recover the 30 sovereigns of gold jewelry taken away by the appellant from the senior citizen.

3. The wife of the appellant Mrs.Priya, filed a defense statement before the Tribunal. She states that her husband is working in abroad for 15 years. The senior citizen is giving false complaint against her and her husband. She admitted the fact the the senior citizen settled the house property in the name of her husband/appellant. However, the nearby vacant land was settled in favour of the two daughters of the senior citizen. That apart, one acre of land was settled in favour of the elder daughter of the senior citizen. Initially the appellant and his wife were residing in a rented house and thereafter, they have shifted to the house settled by the senior citizen. The daughter-in-law of the senior citizen states that the senior citizen is at liberty to live along with them at any point of time. At the instance of the daughters, the senior citizen has filed a complaint. She expressed her willingness to provide food and shelter to the senior citizen. The Senior Citizens Tribunal considered the statements and evidence of