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2025 Supreme(Online)(Ker) 41617

IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
BINDU V.S – Appellant
Versus
THE SUB COLLECTOR & PRESIDING OFFICER, MAINTENANCE TRIBUNAL UNDER THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT 2007 – Respondent


Advocates:
For the Appellants/Petitioners: SRI.R.V.SREEJITH
For the Respondents: SHRI.R.S.KALKURA, SRI.HARISH GOPINATH, SRI.M.S.KALESH

Table of Content
1. settlement deed and property transfer details (Para 1 , 2)
2. arguments about the tribunal's order and conditions (Para 4 , 5)
3. requirements under section 23(1) of the act (Para 6 , 7 , 8 , 9)
4. judgment conclusion on tribunal's order (Para 10)

J U D G M E N T

The petitioner is the daughter of the 2nd respondent. The 2nd respondent executed Ext.P1 settlement deed on 11.02.2013 in favour of the petitioner. An extent of 2.02 Ares of property, along with a residential building situated thereon, was transferred to the petitioner by the said settlement deed. Thereafter, mutation was effected, and the petitioner has been paying property tax.

2. It appears that, thereafter, disputes arose between the petitioner and the 2nd respondent - mother. The mother approached the Tribunal under the MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT , 2007 (hereinafter referred to as ‘the Act’ for brevity). The petitioner states that copy of the application submitted by the mother was not served on her. However, she filed an objection, which has been produced as Ext.P3. The petitioner further states that she sought an adjournment on 14.10.2014. However, on 29.10.2014, the Trib

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