GLIMPSE OF A LATEST VERDICT* *S. Selvaraj Simpson Vs. The District Collector & Anr.* W.P. No. 32650 of 2022 Dated: 06.12.2022 *HON’BLE MR. JUSTICE R. SUBRAMANIAN* dismissed the Writ Petition in the matter relating to *“Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Transfer of Property – Viodable – Only if condition present”*, and further observed and held as follows:

[12/16, 08:54] Sekarreporter 1: 👍
[12/16, 08:54] Sekarreporter 1: *GLIMPSE OF A LATEST VERDICT*

*S. Selvaraj Simpson Vs. The District Collector & Anr.*
W.P. No. 32650 of 2022
Dated: 06.12.2022

*HON’BLE MR. JUSTICE R. SUBRAMANIAN* dismissed the Writ Petition in the matter relating to *“Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Transfer of Property – Viodable – Only if condition present”*, and further observed and held as follows:

1) In order to declare a transfer as void under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, there are two essential pre-conditions:
a) The Document should have been executed after the coming into of the Act.
b) The Document should contain a clause imposing an obligation on the settlee/transferee to maintain the settlor/transferor.

2) Since such clause is absent in the document, the authority under Section 23 cannot entertain an application for cancellation of the document.

3) However, it is open to the Petitioner to launch appropriate proceedings seeking maintenance and also for cancellation before the Civil Court.

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