No parental land for ‘uncaring’ son: HC

CHENNAI: Setting a new precedent benefiting an aged couple, the Madras High Court upheld the revenue department order cancelling a settlement deed issued in favour of a son, who failed to take care of his diabetic parents.

Invoking the provisions of Maintenance and Welfare of the Parents and Senior Citizens Act, the revenue authorities after investigations cancelled the settlement deed, and the same was challenged by the son in the court.

Referring to section 23 (1) of the Senior Citizens Act, Justice SM Subramaniam of the Madras High Court dismissed a plea filed by a petitioner claiming his parent’s property.

Petitioner Mohamed Dayan moved the High Court seeking to quash the order issued by the executive magistrate and revenue division officer, Tiruppur, cancelling a settlement deed of a property in his favour.

According to the petitioner, he purchased land in Tirupur, in his mother’s name out of his own earning money in 2003 and built a home. In 2020 the land was transferred to the petitioner by her mother through a settlement deed.

His father, brother, and sisters also signed the settlement deed with their full consent, contended the petitioner.

However, his mother filed a complaint to the Revenue Division Officer Tiruppur, against the petitioner and requested to cancel the settlement deed in favour of the petitioner, Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The mother contended that the land was purchased by her husband in 2003 and was transferred to the petitioner. The settlement deed was executed with fond hope that the petitioner will maintain her and her husband.

However, the petitioner has failed to maintain his parents and hence she complained to the authorities to cancel the deed.

The petitioner had sought the court to quash the cancellation order, but after perusal, the judge refused to entertain the petitioner’s prayer and dismissed the petition.