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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. SOUNTHAR
Sengoda Gounder – Appellant
Versus
District Collector, Office of the Collectora – Respondent
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 responde
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.
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....
Unilateral cancellation of a settlement deed is invalid without legal authority, and dismissal of a suit for default does not equate to a decree.
The main legal point established in the judgment is the interpretation of Section 23 of the Senior Citizens Act and the applicability of the Indian Contract Act and the Transfer of Property Act to th....
Legal provisions under the Maintenance and Welfare of Parents and Senior Citizens Act require express conditions in deeds for basic needs; without such, a cancellation cannot be granted.
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