CHENNAI: The Madras High Court refused to grant relief to a woman, who claimed rights over her mother-in-law’s property, as she failed to take care of the senior citizen in her old age. The property was executed in favour of the complainant’s spouse.
The executed deed of settlement or gift is liable to be annulled as the senior citizen was completely neglected by her daughter-in-law after obtaining the property in favour of her husband (deceased), held a division bench of Justices SM Subramaniam and K Rajasekar.
The clear reading of settlement deed fairly establishes that the senior citizen executed the settlement in favour of her son out of love and affection and with the hope that she will be taken care of for the rest of her life, but she was neglected without care, though such condition is not explicit in the settlement deed but being implied under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, held the bench.
It considered the negligence is violation of the Senior Citizens Act and confirmed the single judge order and revenue department order cancelling the settlement deed.
The senior citizen S Nagalakshmi died during the pendency of the case, executing a settlement deed in favour of her son, who also died.
It was alleged that Nagalakshmi was neglected after the execution of the settlement deed. Hence, she approached Revenue divisional officer, Nagapattinam, to cancel the deed.
On January 25, 2021, after conducting an inquiry and recording statements, the Revenue divisional officer cancelled the settlement deed.
Challenging the order, her daughter-in-law S Mala moved the high court, where the single judge upheld the Revenue department order.
Aggrieved by the single judge order, Mala moved an appeal contending that her mother-in-law had not incorporated any specific condition for her care in the settlement deed, which is mandated under Section 23 (1) of the Senior Citizens Act.
However, the bench refused to accept the submission as though the condition is not explicit, it is being implied in the act and moreover the settlement deed was executed in favour of her without giving any share to her three daughters with the hope that she will be taken care of.