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1 - 5 of 5 (0.17 seconds)The Maintenance And Welfare Of Parents And Senior Citizens Act, 2007
Shabeen Martin vs Muriel on 8 February, 2012
9. This court in Shabeen Martin & another v. Muriel & another (2016 (5)
KHC 603) had held that if there are evidence to the satisfaction of the authorities
under the Act that requirement of section 23 are satisfied in a case, it is always
open to the authorities to invoke that power under section 23 of the Act and
invalidate the document.
Radha @ Radhamani @ Radhachi vs State Of Kerala on 16 September, 2008
The grounds on which the transfer deed can be set aside
was discussed by this court in Radhamani & others v. State of Kerala (2016 (1)
KHC 9). The court in that case went to the extent of holding that it was not
necessary that there should be a specific recital or stipulation that the transferee
will provide basic amenities and physical need of the transferor. Thus even in the
absence of such a recital, if the transferee fails to provide basic amenities and
physical needs, the deed of transfer can be set aside.
Subasini Santha Prakash vs The District Collector on 15 November, 2017
10. Section 23 clearly indicates that it can be considered in two parts. The
first part is wherein the property is transferred by way of gift or otherwise, subject
to the condition that the transferee shall provide basic amenities and physical
needs to the transferor and such transferee refuses or fails to provide, a
WPC No.2192/2021 6
presumption can be arrived at that the document was obtained by fraud, coercion
or undue influence and thus can be declared as void. The first part of the Act is a
case wherein he refuses to satisfy the basic amenities. and physical needs, or
fails to provide such amenities. A Full Bench of this court in Subasini v. District
Collector ( WA No.1460/2015) held that there must be a specific recital in the
transfer deed or one which may be explicit from the terms of the document
impliedly. It overruled the decision in Radhamani and others' case.
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