The couple’s elder son (petitioner) had argued before the High Court that the settlement deed could not be cancelled unilaterally because he had paid ₹3 lakh to his parents at the time of execution of the deed and also allowed them to collect the rent from their immoveable property until their death.
The couple, however, argued that they had intended to give equal shares of their assets including the house that they were living in, and had, hence, decided on the settlement deed.
However, the elder son had deceived them by executing the deed only in his name. He was well settled in Australia and was now asking them to vacate their house, the couple told the Court.
Their younger son had refused to respond to their emails and phone calls, it was submitted.
Nagarajan said that his wife is ill and likely to be admitted to a hospital. He himself had undergone multiple hip surgeries and was bed ridden. Since the two sons were refusing to help him and his wife, he was contemplating getting admitted to an old age home. He wished to cancel the settlement deed since the sons had gone back on their words to take care of the couple, it was contended.
The Court ruled that as per Section 23 of the Act, a settlement deed entered into by parents can be cancelled if the children renege on the condition that to take care of the health, nutritional needs, and requirements of shelter of the parents.
In the present case, the two sons had failed in their legal as well as moral duty to provide for their elderly parents, the Court said.
The lower court therefore, erred in staying the cancellation of the settlement deed, it said.
“By ignoring the medical needs of the parents, the plaintiff (elder son) has failed to comply with the obligations imposed upon him under the deed. This act of the plaintiff has provided the reason for the cancellation. In these circumstances, the second appeal is allowed,,” the judgment said.
Advocate Sharada Vivek appeared for the appellants while advocate KR Hariharan appeared for the respondent.
[Read Judgment]
Source: Barandbench
