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.

JUDGMENT :

S.M.SUBRAMANIAM, J.

I. Facts in Brief:

Under assail is the order dated 12.08.2024 passed in W.P.No.2367 of 2024. The 1^st respondent in the present writ appeal is a senior citizen and the appellant is his son.

(A) Complaint of Senior Citizen:

2. The senior citizen filed a complaint before the Revenue Divisional Officer (RDO), Tambaram West, Chennai, stating that he has three children: two daughters and one son (appellant). Both the daughters are married and living separately. The son of senior citizen fell in love with and married a Muslim girl named Ghayas Fatima. The senior citizen, a retired Senior Accountant from the Office of the Principal Accountant General, and his wife, Mrs. Kannammal, a retired Government School Teacher, worked hard to educate and settle their children using their hard-earned savings.

(B) Allegations of Fraud and Coercion:

3. The son of the senior citizen (appellant) has allegedly subjected his parents to various atrocities after his marriage, purportedly at the instigation of his wife. The senior citizen and his wife were subjected to harassment with the ultimate goal of dispossessing the senior citizen of his self-acquired property. In the year 2014, the appellant purportedly stole the original sale deed relating to self-acquired property without the senior citizen's or his wife's knowledge, thereby usurping the property. Further, in the year 2015, the appellant and his wife allegedly coerced and deceived the senior citizen into executing a settlement deed. Through this fraudulent means, they took possession of the self-acquired property and illegally transferred ownership into the appellant's name.

4. After execution of settlement deed, the appellant neglected the 1^st respondent / senior citizen and his wife and drove them out of their own house, where they had a share. Since the settlement deed was executed through fraud and coercion, the 1^st respondent in his complaint made a request to declare the settlement as null and void under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, [hereinafter referred to as 'Senior Citizens Act'].

(C) Reply by the Appellant:

5. In his reply to the complaint, the appellant stated that the appellant is still maintaining his father and mother. That apart, already the senior citizen filed a suit in O.S.No.288 of 2018 on the file of Principal District and Sessions Court, Chengalpet and subsequently it was withdrawn by the senior citizen. The appellant claimed that the settlement deed was executed with the senior citizen's consent. The appellant has further stated that he is ready and willing to maintain the senior citizen and his wife.

6. The Revenue Divisional Officer (RDO), Tambaram West, Chennai accepted the contention of the appellant and passed an order stating that the senior citizen is entitled to a 50% share in the property. The order further directed that the remaining 50% share in the property be reconveyed to the appell