Only those who executed gift deed can cancel it: Madras HC

CHENNAI: In a significant judgment on the applicability of the provisions of the Maintenance and Care of Parents and Senior Citizens Act, 2007, that allows cancellation of settlement (gift) deeds by parents over lack of care by children, the Madras High Court has ruled that only the person who had transferred the property can seek its cancellation.
The order passed by Justice N Anand Venkatesh also said that for the deed to be cancelled for noncompliance, it must have a specific condition that mandates care for the senior citizen concerned.
The court made the ruling while quashing an order of the Kallakurichi sub-collector who had cancelled the deed executed by the father of the petitioner, Karuppan, in 1997 transferring certain properties to his son.
The sub-collector issued the order, in 2019, under Section 23 (1) of the Act based on the application submitted by Karuppan's mother seeking cancellation of the deed as her son was not offering her care.
As per the petitioner's case, the property was gifted by his father who later died and his mother cannot seek cancellation of the deed as she is not the executant of the transfer deed.
'Hence, except a transferor, no other person can maintain an application under Section 23(1) of the Act before the authority concerned. As a consequence, the application submitted by the mother of the petitioner is not maintainable,' he said.

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