Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. SOUNTHAR
Sengoda Gounder – Appellant
Versus
District Collector, Office of the Collectora – Respondent
| Table of Content |
|---|
| 1. petitioner's request for deed cancellation (Para 1 , 3 , 4) |
| 2. court's conclusion on the petitioner’s application (Para 2 , 10) |
| 3. petitioner's claim regarding cancellation of settlement deed. (Para 5) |
| 4. conditions for deed cancellation under section 23 (Para 6 , 7 , 8) |
| 5. petitioner's remedy for maintenance enforcement (Para 9) |
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
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.
To invoke Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a settlement deed must explicitly condition that the transferee provides basic amenities and needs to the....
Section 23(1) requires specific maintenance condition in transfer deed for cancellation; absent it, authority lacks jurisdiction.
A settlement deed without specific conditions for maintenance cannot be cancelled under the Maintenance and Welfare of Parents and Senior Citizens Act, and the petitioner is mandated to provide maint....
A settlement deed cannot be cancelled without conditions regarding maintenance, and the right to reside in the property cannot be denied to the transferor under the Maintenance and Welfare of Parents....
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 does not apply retrospectively to settlement deeds executed before its enforcement.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
