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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN
S.Muthulakshmi – Appellant
Versus
Revenue Divisional Officer – Respondent
| Table of Content |
|---|
| 1. challenges to rdo's cancellation of gift deed. (Para 1 , 2 , 3 , 4) |
| 2. arguments on statutory remedy and irrevocability. (Para 6) |
| 3. no reserved power or condition in settlement deed. (Para 7 , 8) |
| 4. supreme court ratios require specific maintenance recital. (Para 9 , 10) |
| 5. appeal dismissed; writ court order upheld. (Para 11) |
JUDGMENT :
M. JOTHIRAMAN, J.
Under assail is the order passed in WP.(MD)No.28654 of 2023 dated 05.01.2026.
2.Originally the second respondent/writ petitioner has filed a writ petition challenging the order passed by the first respondent/ Revenue Divisional Officer, Pattukottai in his proceedings dated 27.09.2023 cancelling the settlement deed executed by one S.Muthulakshmi, who is the mother of the writ petitioner, in favour of the writ petitioner.
3.It is the case of the writ petitioner that on 26.12.2012 her mother/S.Muthulakshmi executed an unconditional gift deed in her name in Doc.No.1935/2012 dated 26.12.2012. The writ petitioner's brother one D.Swaminathan has filed a suit in O.S.No.123 of 2015 on the file of the 1stAdditional District Court, Thanjauvr seeking for partition and the same was dismissed for default. At this stage said D.Swaminat
Section 23(1) requires specific maintenance condition in transfer deed for cancellation; absent it, authority lacks jurisdiction.
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....
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 settlement deed executed by a senior citizen can only be cancelled under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, if the deed explicitly contains a condition that the t....
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