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1 - 6 of 6 (0.38 seconds)The Maintenance And Welfare Of Parents And Senior Citizens Act, 2007
Article 226 in Constitution of India [Constitution]
Section 5 in The Maintenance And Welfare Of Parents And Senior Citizens Act, 2007 [Entire Act]
Sudesh Chhikara vs Ramti Devi on 6 December, 2022
In such a situation, the two
conditions mentioned in Sudesh (supra) must be appropriately
interpreted to further the beneficial nature of the legislation and
not strictly which would render otiose the intent of the legislature.
Therefore, the Single Judge of the High Court and the tribunals
below had rightly held the Gift Deed to be cancelled since the
conditions for the well-being of the senior citizens were not
complied with. We are unable to agree with the view taken by the
Division Bench, because it takes a strict view of a beneficial
legislation.
Urmila Dixit vs Sunil Sharan Dixit on 23 January, 2023
47. The legal position, as narrated in the aforementioned
paragraphs, in the context of the principles laid down by the
Hon'ble Supreme Court of India and High Courts, makes it clear
that the conditions under Section 23(1) of the Senior Citizens Act
need not be explicit, but might be implied. The love and affection
being the consideration, which can be traced out in the Settlement
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/07/2025 04:02:47 pm )
W.P(MD)No.8160 of 2025
Deed, would be sufficient to hold that such love and affection is an
implied condition that the senior citizen will be taken care of by the
beneficiary of the Settlement Deed or gift deed. In the event of
neglecting the senior citizen, the deed of settlement or gift is liable
to be annulled.
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