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 dignity.

ORDER :

S.M. SUBRAMANIAM, J.

(A) Facts in brief:

Under assail is the order dated 09.08.2024 passed in W.P.No.19714 of 2024.

(A) Complaint of Senior Citizen:

2. The 1st respondent in the present writ appeal is the senior citizen and appellant is his son. The senior citizen filed a complaint before the Sub Collector, Tindivanam stating that he is a permanent residence of Vedur Village, Tindivanam Taluk and District. He has two wives namely Veerammal and Sundari. Through first wife, Suresh Kumar and Kalpana were born and through second wife, Indhumati and Seethalakshmi were born. He possess self acquired properties and ancestral properties. He is in possession and enjoyment of the properties. The documents are with the appellant. For business purposes, the appellant purchased a TATA ACE vehicle by mortgaging the properties with the help of the senior citizen. Subsequently, the senior citizen came to know that the appellant has fraudulently executed the settlement deed by stating that it is for mortgaging the properties. That apart, he is attempting to fraudulently transfer the other properties. The senior citizen has not done anything to him or to his two daughters born through his second wife. The appellant is not maintaining the senior citizen and his wife and he used to abuse them. Therefore, the senior citizen and his wife lost peace and under those circumstances, they filed a complaint for cancelling the settlement deed executed by the appellant fraudulently and under coercion.

3. The appellant, in his reply to the complaint, stated that the subject property in the settlement deed though transferred in his name, the possession and enjoyment is with the 1st respondent / senior citizen. He is doing agricultural activities and enjoying the benefits. The documents alone stand in the name of the appellant. The appellant is earning separately to maintain his family. The appellant states that some properties were mortgaged for the purpose of purchase of vehicle and the settlement deed was executed based on love and affection and for the future benefit of the appellant. There is no condition stipulated in the settlement deed to maintain the senior citizen till their life time. In the absence of any condition under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, [hereinafter referred to as 'Senior Citizens Act'], the complaint is to be rejected.

(B) Reply by the Appellant:

4. In his reply to the complaint, the appellant stated that the senior citizen is in possession and enjoyment of the subject property settled in favour of the appellant/son of the senior citizen. The appellant claimed that the settlement deed was executed with the senior citizen's consent.

5. The Sub-Collector, Tindivanam rejected the contention of the senior citizen stating that the senior citizen is in possession and enjoyment of the property and there is no express condition stated in the settlement deed.

(C) Appeal filed before the Appellate Authority:

6. Dissatisfied with the order of the Sub-Collector, Tindivanam, the senior citizen preferred an appeal before the District Collector. The District Collector independently considered the allegations set out in the complaint as well as the reply given by the appellant. The District Collector confirmed the orders of