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2026 Supreme(Online)(Ker) 18590

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DEVAN RAMACHANDRAN, M.B. SNEHALATHA, JJ
POKKI @ KALYANI – Appellant
Versus
KUNNUMMAL BILU – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.SAMSUDIN, SHRI.ABIN RASHID, SMT.DEVIKA E.D., SHRI.JASNEED JAMAL, SMT.LIRA A.B., SMT.NASRIN WAHAB
For the Respondents: SRI.K.SANEESH KUMAR, SMT.V.B.SANTHINI, ADV.SRI.B.S.SYAMANTHAK - GP

Table of Content
1. issues concerning the transaction and intentions behind the settlement deed. (Para 2 , 3 , 4)
2. claims regarding property ownership subsequent to the original transfer. (Para 5 , 6)
3. court's determination on the sufficiency of the deed. (Para 7 , 8)
4. requirements for invoking section 23 of the act. (Para 9 , 13 , 14 , 15)
5. final dismissal and the reasoning behind it. (Para 17 , 18)

Dated this the 18th day of February, 2026 JUDGMENT Devan Ramachandran, J.

The appellant assails the judgment of the learned Single Judge of this Court in W.P (C) No 26616/2015 which has set aside Ext P5(as in the writ petition) order of the Statutory Maintenance Appellate Tribunal constituted under the Maintenance And Welfare of Parents and Senior Citizens Act 2007 (the ‘Act’ for short).

2.For the purpose of clarity of facts, the property in question originally belonged to late Chirutha and she executed Ext.P3 document in favour of her son- now deceased Nanu, incorporating statements and covenants therein to the effect that the latter was dependent upon her and that she was settling the property in his favour out of love and affection.

3.It transpires that late Chirutha - who was alive

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