Settlement deeds executed without conditions for care of the transferor cannot be voided under Section 23 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.

ORDER :

S. SOUNTHAR, J.

The petitioner herein seeks a direction to the third respondent to cancel the settlement deed dated 28.08.2008 registered as document No.3319 of 2008 on the file of the third respondent in the light of the order dated 29.08.2024 passed by the first respondent in appeal No.104/A3/2024.

2. By consent of both the learned counsel appearing for the petitioner as well as respondents 1 to 3, this writ petition is disposed of at the admission stage itself.

3. It is the case of the petitioner that he executed a settlement deed in favour of the fourth respondent i.e., his daughter and the same was registered on 28.08.2008 as Document No.3319 of 2008 on the file of Sub Registrar Officer, Chinnasalem @ Salem. Since the fourth respondent failed to take care of the petitioner, he submitted an application before the second respondent to cancel the settlement deed executed in her favour. The second respondent, by order dated 29.11.2023, directed the fourth respondent to pay a sum of Rs.10,000/- as monthly maintenance to the petitioner under Section 23 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007. The petitioner filed an appeal before the first respondent as the second respondent has not passed any order to cancel the settlement deed. The first respondent by order dated 29.08.2024 directed the fourth respondent to pay a sum of Rs.5,000/- as maintenance to the petitioner for every month. It was further observed by first respondent that in the event of failure on the part of the fourth respondent in paying the maintenance to the petitioner, the settlement deed executed in her favour will be cancelled and the property will be handed over to the petitioner. Even thereafter, the order passed by the first respondent was not complied with by the fourth respondent. Therefore, the petitioner is before this court.

4. Heard Mr.A.Rajakumar, learned counsel for the petitioner and Mr.P.Harish, learned Government Advocate taking notice for the respondents 1 to 3 and also perused the documents enclosed in the typed set of papers.

5. By way of this writ petition, the petitioner seeks a direction to the third respondent to cancel the settlement deed dated 28.08.2008 executed as Document No.3319 of 2008 in favour of the fourth respondent, in the light of the order dated 29.08.2024 passed by the first respondent in the appeal filed by the petitioner.

6. Section 23 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007, reads as follows:-

"23. Transfer of property to be void in certain circumstances:-

(i) Where any senior citizen who after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal.

(2) Where any senior citizen has a right to receive maintenance out of an estate and such estate or part thereof is transferred, the right to receive maintenance may be enforced against the transferee if the transferee has notice of the right, or if the transfer is gratuitous; but not against the transferee for consideration and without notice of right.

(3) If, any senior citizen is incapable of enforcing the rights under sub-sections (1) and (2), action may be taken on his behalf by any of the organization referred to in explanation to sub-section (1) of section 5