Obligation of Children to ensure that parents senior citizens lead normal life with dignity and security.

Senior Citizens Act, 2007 – Obligation of children to ensure that parents lead normal life with dignity and security –  Judgment dated 8.9.2023 of the High Court of Madras

Respondent No.4 Shakira Begum – mother of the petitioner – had executed settlement deed dated 20.10.2020 that the elder son petitioner would live on the ground and the parents on the first floor of the property.  At the time of settlement deed, the petition had given undertaking that he will take care of the parents and willing to purchase the said property to settle share amounts of the heirs within six months.

However, the petitioner did not maintain his parents i.e. respondent no.4 and her husband, to take care of their medical treatment.  The daughter of respondent no.4 had taken care when mother was in critical condition.

The mother had, therefore, asked the petitioner to pay the share to other sharers as undertook at the time of settlement deed or to give back the property again to her.

Instead of taking care and returning the property, the petitioner asked his mother to vacate the house.   The water and electricity connection to the first floor was disconnected.

The mother had, therefore, the petition on 8.7.2022 to cancel the settlement deed to make way to live as per the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act of 2007)

The respondent no.2 Revenue , after conducting the inquiry, cancelled the settlement deed.

The appeal of the petitioner was dismissed by the District Collector on the ground that as per section 16 (1) of the Act the parents or senior citizens if aggrieved by an order can file an appeal.

WP Nos.28190 and 27489 of 2022 – Mohamed Dayan   Vs. The District Collector, Tiruppur District and others (1067481 (tn.gov.in)