Madras High Court allows parents to cancel settlement deed with "heartless" son who refused to take care of them

The Madras High Court recently allowed a retired Air Force pilot and his wife to cancel the settlement deed entered into with their son, after noting the "heartless" treatment meted out by the son to his parents [Mr. N Nagarajan vs Mr. Shekhar Raj]..Single-judge Justice PT Asha in its judgment passed on September 27, invoked legendary Tamil poet Thiruvalluvar, to highlight the duty of a son."Where a son conducts himself in such a manner that people around would praise the father and state that the father must have undergone great penance to have begotten such a son," the Court said quoting a couplet by Thiruvalluvar. The Court was moved by an email sent by the father to his son, expressing helplessness and asking whether he should go to an old-age home. The judge noted that the appellant-father, N Nagarajan and his wife were forced to sell their jewellery and spend the last of their savings and pension to pay for their medical expenses after their two sons refused to take care of them.Justice Asha, therefore, allowed an appeal filed by the parents challenging a lower court order that was in favour of their elder son in a property dispute. The judge held that the appellants were entitled to cancel the settlement deed they had executed in 2012, in favour of their two sons, since the sons had subsequently failed to look after them. Pertinently, the Court held that that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a special law enacted after India signed the Madrid International Plan of Action on Ageing, overrides all other general laws in force in India including Transfer of Property Act.The Court also held that Section 23 of the Act provides that if the parents transfer property subject to condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and if the transferee fails to do so, then the transfer can be declared void at the option of the transferor..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].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.