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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L.VICTORIA GOWRI
Ayyanar – Appellant
Versus
District Collector, Madurai District, Madurai – Respondent
| Table of Content |
|---|
| 1. challenge to cancellation of settlement deed (Para 1 , 2 , 3) |
| 2. authority of second respondent and facts of residence (Para 4 , 5 , 6) |
| 3. definition of maintenance under the act (Para 7 , 8) |
| 4. criteria for cancellation of settlement deeds (Para 9 , 10 , 11) |
| 5. provisions and powers under the act regarding maintenance (Para 12 , 13) |
| 6. right of residence included in maintenance (Para 14 , 15) |
| 7. orders concerning maintenance and ruling on writ (Para 16 , 17 , 18) |
ORDER :
L. VICTORIA GOWRI, J.
This writ petition has been filed challenging the proceedings in Mu.Mu.No.1304/2021/A2 passed by the second respondent on 02.02.2022, in which, the settlement deed executed by the fourth respondent in favour of the petitioner bearing Doc.No.5604 of 2012, dated 23.08.2012 on the file of Kallikudi Sub Registry was cancelled.
2. The petitioner is one among the two sons of the fourth respondent. The 4th respondent made an application under section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. (hereinafter referred to as 'the Act') before the second respondent seeking to cancel the settlement deed executed by her in favour of the petitioner.
3. The petitioner i
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....
A minor cannot be legally bound by obligations in a Settlement Deed, rendering such covenants voidable, and maintenance claims must be pursued independently under the relevant Act.
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.
Section 23(1) requires specific maintenance condition in transfer deed for cancellation; absent it, authority lacks jurisdiction.
A settlement deed executed voluntarily without a maintenance condition cannot be canceled under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
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