The Senior Citizens Act allows annulment of property transfers if the transferee neglects to provide care, even without explicit conditions in the deed.

JUDGMENT :

S.M. SUBRAMANIAM, J.

Table of Contents:

Under assail is the order dated 13.06.2024 passed in W.P.No.6163 of 2021.

2. This matter arises under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 [hereinafter referred to as 'Senior Citizens Act'].

I. Brief Facts of the Case:

3. The third respondent/Smt.S.Nagalakshmi (deceased), died during the pendency of the writ petition was a senior citizen, who filed an application under the Senior Citizens Act to cancel the Settlement Deed executed by her in favour of her only son viz., Mr.S.Kesavan, who is also deceased. The complaint filed by the third respondent / senior citizen was taken on file, and an inquiry was conducted by the Revenue Divisional Officer (RDO), Nagapattinam. The parties were examined and statements were recorded.

4. Before the Revenue Divisional Officer (RDO), the senior citizen has deposed that she was neglected by her only son and daughter-in-law. During the relevant point of time, the senior citizen was aged about 87 years and was suffering various ailments. Since daughter-in-law of the senior citizen failed to take care of the her, the senior citizen filed an application to cancel the Settlement Deed executed in favour of her son.

5. The Revenue Divisional Officer recorded the statement of the senior citizen and afforded an opportunity to the daughter-in-law of the senior citizen. Though the daughter-in-law of the senior citizen sent letters to the Revenue Divisional Officer and filed documents, she had not appeared personally and given statement before the Revenue Divisional Officer. However, the documents filed by the daughter-in-law were taken on file and considered by the Revenue Divisional Officer while passing the final orders in proceedings dated 25.01.2021.

6. The findings of the Revenue Divisional Officer (RDO) reveals that the senior citizen, aged about 87 years, was neglected by her daughter-in-law, more specifically after the death of her son. Therefore, she deposed that she had settled the property hoping that she will be looked after by her son and daughter-in-law till her life time.

7. In the context of the above facts, it is pertinent to consider the Settlement Deed executed by the senior citizen and the oral evidence given before the Revenue Divisional Officer. In the Settlement Deed, the senior citizen has stated that Mr.S.Kesavan is her only son and out of love and affection, and for his better future, she had settled her property in the name of her son, despite the fact that she has three daughters. The reason for settlement has been clearly stated in the document. It reveals that from and out of love and affection and in the interest of the future of her son, the senior citizen settled her property. The said statement was reiterated by the senior citizen before the Revenue Divisional Officer, who in turn recorded the same.

8. The deposition of the senior citizen before the Revenue Divisional Officer reveals that her son Mr.S.Kesavan and daughter-in-law forced her to execute settlement and promised that they will take care of the senior citizen till her lifetime. Based on trust, the senior citizen executed the Settlement Deed in favour of her son. The document expressly states that the settlement was executed out of love and affection and for the future of her son.

9. Thus, an inference is to be drawn that the senior citizen settled her property in favour of her son with a fond hope that her son and daughter-in-law will take care of her during her old age and till her life time.

II. Arguments on Behalf of the Appellant:

10. Mr.K.Subramani