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IN THE HIGH COURT OF JUDICATURE AT MADRAS
SUSHRUT ARVIND DHARMADHIKARI, G.ARUL MURUGAN
M.M. Ramesh S/o.M.S.Manikavasagam – Appellant
Versus
M.S. Manikavasagam S/o.Late.M.Samisa – Respondent
ORDER :
SUSHRUT ARVIND DHARMADHIKARI, C.J.
1. Questioning the legality and validity of the order dated 14.6.2024 passed by the learned Single Judge upholding the cancellation of settlement deed dated 28.1.2015 executed by the first respondent/father in favour of the appellant/son, the present appeal is filed.
2.1. Succinctly put, the facts run thus: The appellant is the son of the first respondent. The first respondent executed a settlement deed dated 23.6.2004 in favour of the appellant on his own volition. It is stated that the appellant paid a sum of Rs.1,50,000/- to his brothers towards relinquishment of their rights as per the instructions of the first respondent.
2.2. It is stated that, all of a sudden, the appellant received summons from the Civil Court pertaining to civil suit [O.S.No.3033 of 2016] filed by the first respondent seeking to declare the settlement deed dated 23.6.2004 as null and void and to declare the revocation of settlement deed dated 28.1.2015 executed by the first respondent as valid. The said suit was dismissed vide judgment and decree dated 20.10.2017 and the same was upheld on appeal by the III Additional Judge, City Civil Court, Chennai, vide judgment an
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 does not apply retrospectively to settlement deeds executed before its enforcement.
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....
(1) Cancellation of settlement deed – Section 23 is referable as conduct of transferee prior to and after execution of Deed of Gift or Settlement, as case may be.(2) Cancellation of settlement deed –....
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.
The obligation of children to maintain their parents extends to their needs for a normal life, and the District Collector has the power to protect the rights and life of senior citizens under the Sen....
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