M.M. RAMESH Vs. M.S. MANIKAVASAGAM

JUDGEMENT

(1.) Questioning the legality and validity of the order dtd. 14/6/2024 passed by the learned Single Judge upholding the cancellation of settlement deed dtd. 28/1/2015 executed by the first respondent/father in favour of the appellant/son, the present appeal is filed.

(2.) Succinctly put, the facts run thus: The appellant is the son of the first respondent. The first respondent executed a settlement deed dtd. 23/6/2004 in favour of the appellant on his own volition. It is stated that the appellant paid a sum of Rs.1,50,000.00 to his brothers towards relinquishment of their rights as per the instructions of the first respondent.

(3.) Learned counsel for the appellant submitted that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 came into force on 29/9/2008, whereas the settlement deed has been executed in favour of the appellant by the first respondent in the year 2004 and, therefore, the complaint filed by the first respondent before the statutory authority itself is not maintainable and the said vital fact was not considered by the learned Single Judge.