The validity of settlement deeds executed by a senior citizen can be challenged under the Senior Citizens Act if the beneficiary fails to provide basic needs, but those executed before the Act's enactment cannot be annulled.

ORDER

This writ petition has been filed challenging the order issued by the first respondent dated 19.06.2025, whereby the appeal filed by the fourth respondent was allowed and the settlement deeds executed by the fourth respondent in favour of the first petitioner were set aside.

2. The fourth respondent is the father of the first petitioner herein. The second petitioner is the wife of the first petitioner, and the fifth respondent is the daughter of the fourth respondent herein.

3. The fourth respondent has two sons and one daughter. He acquired the properties by way of partition among his family members, in which, he had settled some of the properties in favour of the first petitioner by way of six settlement deeds. The details are as follows:

i) the first settlement deed was executed on 20.11.2006 and registered as Doc. No.10722/2006 in respect of property comprised in S.No.17/1 situated at Andipalayam Village, Tiruppur, to an extent of 5240 sq.ft., out of love and affection and to provide for his future needs.

ii) the second settlement deed was executed on 25.04.2007 registered as Doc.No.4408/2007 in respect of property comprised in S.No.17/1 situated at Andipalayam Village, Tiruppur, to an extent of 10980 sq.ft., out of love and affection and to provide for his future needs.

iii) the third settlement deed was executed on 07.05.2007 registered as Doc.No.4757/2007 in respect of property comprised in S.No.17/1, the present S.No.17/1A2 to an extent of 40366 sq.ft., Door No.2/1578, situated at Andipalayam Village, Tiruppur.

iv) the fourth settlement deed was executed on 17.09.2020 registered as Doc.No.7574/2020 in respect of property comprised in S.No.17/1 situated at Andipalayam Village, Tiruppur, to an extent of 45 cents, in favour of the first petitioner. On the same day, the fifth settlement deed was executed and registered in favour of the first petitioner as Doc.No.7568/2020 comprised in S.No.16/1 to an extent of 5 cents and property comprised in S.No.17/1A2 to an extent of 46 ½ cents, both situated at Andipalayam Village, Tiruppur.

v) the sixth and final settlement deed was executed in favour of the first petitioner and registered as Doc.No.7569/2020 in respect of property comprised in S.No.17/2B to an extent of 6 ½ cents situated at Andipalayam Village, Tiruppur.

Thereafter, the fourth respondent herein lodged a complaint before the second respondent under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. (hereinafter called as "the Act"). After enquiry, the second respondent rejected the complaint by order dated 21.08.2024 and directed the fourth respondent to approach the Civil Court for appropriate relief.

4. Aggrieved by the same, the fourth respondent filed an appeal before the first respondent, and by order dated 19.06.2025, the same was allowed, cancelling all the settlement deeds executed in favour of the first petitioner as well as the subsequent settlement deeds executed by the first petitioner in favour of the second petitioner.

5. Mr.A.R.L. Sundersan, the learned Senior Counsel for the petitioners, submits that the fifth respondent, being daughter of the fourth respondent had also filed a suit in O.S.No.693 of 2023, seeking 1/4^th share in the property and the same is pending adjudication on the file of the District Court, Tiruppur, in respect of the properties in the hands of the fourth respondent. It is clearly stated therein that the properties were originally purchased by the fourth respondent's father, one Mr. Palanisamy, in the name of his wife, and therefore the propert