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MADRAS HIGH COURT
S.M. Subramaniam, J.
Mohamed Dayan – Petitioner
versus
The District Collector,
Tiruppur District and Ors. – Respondents
WP No.28190 of 2022 & WMP No.27489 of 2022
Decided on 8.9.2023
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Sections 4 and 23 – Maintenance of Senior Citizen Rules – Rule 20 – Constitution of India, 1950 – Article 21 – Maintenance of Senior Citizen - Cancellation of settlement deed – Normal life as indicated under Section 4(2) of Act, is not mere life, but life with security and dignity – Children defending their case merely on ground that they are willing to provide food and shelter, cannot be taken as ground for purpose of sustaining Settlement Deed executed by senior citizen – Statutory duty on part of District Collector to protect safety and security of senior citizens in his District – Complaint filed by senior citizen, cannot be treated lightly – Such complaints are to be enquired into in pragmatic manner, so as to understand real grievances of senior citizen and accordingly, all appropriate actions are to be initiated to provide safety, security and to protect dignity of senior citizen –Refusal of maintenance after executing the Settlement Deed or Gift Deed, is ground for invoking deemed ground of fraud or coercion or undue influence – Purposive interpretation of provisions are of paramount importance and Section 23 of Act, cannot be misutilised for purpose of rejecting complaint filed by senior citizen on ground that there is no express condition for maintaining senior citizen – Even in absence of any express condition in document, “Love and Affection” being consideration for execution of Gift or Settlement Deed, such love and affection becomes deeming consideration and any violation is ground to invoke Section 23(1) of Act – No infirmity in order passed by second respondent – Recital shown would be sufficient to satisfy requirements of Section 23(1) of Senior Citizens Act, since “Love and Affection” and good intention of parents are implied conditions for purpose of invoking deeming clause of fraud, coercion or undue influence. [Paras 33, 34, 35, 36, 37, 39,
40, 41, 42, 43, 46 and 47]
Result: Petition dismissed.
ORDER
The relief sought for in the present writ petition is to call for the entire records in Oo.Mu.No.1/51475/2022 dated 21.09.2022 on the file of the first respondent and confirming order dated in Na.Ka.3450/2022/E3 dated 12.08.2022 on the file of the second respondent and quash the same.
Facts of the Case:
2. The fourth respondent is the mother of the writ petitioner and filed a petition before the second respondent on 08.07.2022 stating that the petitioner is her elder son and she had got two daughters and younger son. Her husband Mr.Batcha is living with bad health condition. The writ petitioner is living separately after his marriage and her younger son is living away from them due to misunderstanding between the brothers.
3. The husband of the fourth respondent had closed his Garments business during the year 2015 due to business loss. Since her younger son went away, both the fourth respondent and her husband, are living separately. The writ petitioner is now running a Garment Company of his own.
4. The father of the writ petitioner purchased the subject property out of his own self earnings, gold jewels and savings by way of Sale Deed dated 14.08.2003 registered as Document No.4618 of 2003 on the file of the Sub Registrar, Thiruppur. When the fourth respondent decided to partition the subject property among her sons, since her younger son is not having any job to maintain her and her husband and at that time, the petitioner expressed his willingness to purchase the said property and undertake to settle the share amounts to the heirs, within six months. The writ petitioner has given further undertaking that he will take care of his parents and upon believing the words of the petitioner, the fourth respondent had executed the Settlement Deed dated 20.10.2020 registered as Document No.8690 of 2020. No doubt, the writ petitioner is living in the Ground Floor of the property and the fourth respondent and her husband, are living in the First Floor of the property.
5. After executing the Settlement Deed in favour of the writ petitioner, the petitioner had not maintained the fourth respondent and her husband properly and had not given them the medical treatment as well other basic needs. The fourth respondent has affected by Diabetics, Blood Pressure and other ailments and further suffering on account of old-age. The basic needs have been fulfilled by their daughters. When the fourth respondent was taken treatment in the Hospital six months back, the petitioner refused to take care of his father and at that time, the fourth respondent was in a critical condition, and she was given treatment at the Hospital by her daughter Tmt.Reshma.
6. The fourth respondent had asked the petitioner to pay the amount to the other sharers as undertook by him at the time of execution of the Settlement Deed, otherwise to give back the property again to her, enabling her to partition the property and give the due share to all her children. But, the writ petitioner refused to do so and treated his parents indiscriminately and asked them to go out from the home.
7. The fourth respondent in her petition had stated that the petitioner is now threatening her to vacate the house and when she vacated the house, the petitioner has disconnected water, electricity connection to the first floor portion and thereby made the fourth respondent and her husband to suffer more. The fourth respondent had stated for about three months medical expenditures crossed lakh of rupees and now the fourth respondent and her aged husband, are not in a position to maintain themselves and in a state of struggle to live.
8. Under those circumstances, the fourth respondent had stated that the petitioner had obtained the property in his favour and after getting settlement in his name, the writ petitioner refused to maintain the fourth respondent and her husband, as assured by him and asking them to vacate the house also and thereby put the fourth respondent and her husband under t
gpt-4
(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 –....
The love and affection between the parent and the child is an implied condition in the Settlement Deed and any violation of this condition would amount to fraud, coercion or undue influence, thus att....
The Senior Citizens Act mandates that children must ensure their parents lead a dignified life, and property transfers can be voided if basic amenities are not provided.
The Senior Citizens Act allows annulment of property transfers if the transferee neglects to provide care, even without explicit conditions in the deed.
The Senior Citizens Act mandates that settlements involving property transfers include an implied obligation for maintenance, which if violated, can render such deeds void.
The Senior Citizens Act allows for the annulment of property transfers by senior citizens if not provided basic care, recognizing emotional support as implied condition for dignity and security.
The settlement deed executed by a senior citizen can be annulled for non-provision of basic amenities and maintenance, even without explicit conditions, focusing on the underlying intent of care and ....
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