Can an order cancelling a settlement deed under the Act be enforced against a subsequent purchaser holding a registered sale deed?

Not where the authority had no jurisdiction to make it. The property having been alienated on the strength of the settlement and conveyed onward by a registered Sale Deed, the registering authority was directed not to give effect to the impugned order so as to interfere with or cancel that Sale Deed.

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — s.23 — Settlement deed — Cancellation — Condition to provide basic amenities — Subsequent purchaser — Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — s.23 — Condition of maintenance is the jurisdictional fact — Held: A settlement deed cannot be cancelled under s.23 unless the transfer was made subject to a condition requiring the transferee to provide the transferor with basic amenities and basic physical needs. (¶5) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — s.23 — Absolute and irrevocable deed — No jurisdiction to cancel — Held further: Where the deed is absolute and irrevocable and reserves no right to revoke for failure to maintain, the essential ingredients are absent and the authority has no jurisdiction to cancel it. (¶7, ¶9) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 — Obligation to maintain survives — Registered sale deed not to be disturbed — Held further: Setting aside the cancellation does not absolve the transferee of his statutory and moral obligation to maintain his aged mother, who may work out other remedies; the subsequent purchaser's registered Sale Deed is not to be interfered with. Writ petition allowed. (¶9, ¶10)

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