Tribunal declares transfer of property from father to son null and void

T. Sudhakar, Presiding Officer cum Sub-Divisional Magistrate (North), handing over the order of the tribunal to S. Sangaradass at his office in Puducherry on Tuesday.   | Photo Credit: T. Singaravelou

The Tribunal for Maintenance and Welfare of Parents and Senior Citizens (North) has revoked the settlement deed of a property transferred by a senior citizen to his son after the latter and his wife had ill-treated him and had not provided them with basic amenities.

According to T. Sudhakar, Presiding Officer-cum-Sub Divisional Magistrate (North), the petitioner S. Sangaradass, 61, of Vazhudavur Road in Dharmapuri near here had executed a deed transferring his immovable property of 1,614 sq. ft to his son Rajmohan, on June 28, 2012. In 2018, Sangaradass filed a complaint before the maintenance tribunal set up as per provisions of the Maintenance and Welfare of Parents and Senior Citizens Act.

Mr. Sudhakar said that Sangaradass had transferred his property based on the understanding that his son would take care of him and his wife Sivagami, 59. However, the couple’s son S. Rajmohan had failed to take care of them and sent them out of their house. The petitioner does not have any other source of income. The couple were being taken care of by his daughter and son-in-law.

Section 23 (1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 clearly stipulates that in case the children fail to take care of their parents after transfer of their parents property in their favour, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared null and void by the Tribunal.

The tribunal instructed both the parties to settle the issue amicably and advised the respondent to allow the petitioner and his wife to stay in the same house on the first floor of the property. However, the respondent Rajmohan refused to allow them despite several attempts by the tribunal.

“It has been established beyond doubt that the respondent has wilfully refused to take care of his parents and as such violated section 4 (3) of the Act. The respondent had also neglected his parents and put them to hardship at a point when they were not in a position to take care of themselves due to lack of sufficient income.”

Mr. Sudhakar said that the tribunal had cancelled the settlement deed executed by the petitioner in favour of his son and declared it null and void as per section 23 of the Maintenance and Welfare of Senior Citizens Act, 2007. The tribunal also directed the Sub-Registrar, Oulgaret to make necessary entries about the cancellation of the deed.

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Printable version | Feb 17, 2021 2:14:06 PM | https://www.thehindu.com/news/cities/puducherry/tribunal-declares-transfer-of-property-from-father-to-son-null-and-void/article28336785.ece

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