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G. K. ILANTHIRAIYAN
L. V. Sarojini – Appellant
Versus
District Collector – Respondent
ORDER
G.K. Ilanthiraiyan, J.—This Writ Petition has been filed by the petitioner challenging the order passed by the first respondent dated 07.10.2022, thereby rejecting the appeal filed by the petitioner aggrieved by the order passed by the second respondent dated 05.07.2022, thereby rejecting the claim of the petitioner and directed the fourth respondent to maintain the petitioner till her lifetime as per her wish.
2. The petitioner is the mother and the fourth respondent is the daughter and the fifth respondent is the son-in-law of the petitioner i.e., husband of the fourth respondent. The petitioner got married one Lingaswamy and gave birth to the fourth respondent and a son L.V. Muralidharan. While her husband was alive, he made a fixed deposit in Kovilpatti Dhanalakshmi Srinivasan Company to the tune of Rs.80,00,000/- and made a deposit in Sattur Branch of Port City Benefit Fund Limited to the tune of Rs.90,00,000/-. In both the deposits, the petitioner was the nominee. After fixed deposit, her husband died and the petitioner is being the nominee all the deposits were transferred in her name. While being so, the fourth respondent and her brother entered into a memorandum of u
Reverse transfer of property in favour of senior citizen – Fixed deposits and jewels are coming under definition of property in Maintenance and Welfare of Parents and Senior Citizens Act, 2007and com....
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....
(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 –....
Transfer of property from senior citizens may be declared void if involuntary under undue influence, neglect by transferee violates conditions for maintenance, per the Act.
Conditions for property transfers under the Maintenance and Welfare of Parents and Senior Citizens Act must be substantiated through evidence, failing which a transfer cannot be declared void.
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.
(1) Power of senior citizens to annul gift deed – Statutory presumption under Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is triggered not by language of deed alone....
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