R. KASTURI Vs. REVENUE DIVISIONAL OFFICER CUM THE PRESIDING OFFICER MAINTENANCE AND WELFARE OF PARENTS & SENIOR CITIZENS TRIBUNAL, ERODE

JUDGEMENT

(1.) Challenge in this proceedings is to the orders passed by the Authorities under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The facts that led to the proceedings before the Authorities are as follows:

(2.) One Balusamy S/o. Ramaswamy who had obtained the property under the sale deed dtd. 16/11/1987 and 17/11/1987 executed a settlement deed on 18/2/2011 in favour of his son viz., B.Chakravarthy, 2nd respondent herein. Thereafter, the said Balusamy along with his son Chakravarthy had sold the property to the respondents 3 and 4 herein under the registered sale deed dtd. 6/5/2012. After execution of the said sale deed, it appears that one of the vendors viz., Balusamy approached the Authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 seeking cancellation of the sale deed claiming that his son had obtained the settlement deed by playing fraud on him and had transferred the property to third party Benami.

(3.) During the pendency of the said complaint, the respondents 3 and 4 had sold the property to the petitioners herein under the sale deed dtd. 16/9/2016. The said Balusamy had also gone ahead and cancelled the settlement deed executed by him in favour of his son on 19/2/2016. The Authority had taken up the enquiry and tested the validity of the sale deed and concluded that the sale deed is not valid because the settlement deed executed in favour of the 2nd respondent is not valid. It is now not in dispute that the father of the 2nd respondent Balusamy is no more. It is also not in dispute that he had settled the property in favour of his grand children born through the other son after the order was passed by the Authority.