Does setting aside a cancellation under the Act relieve the transferee of the duty to maintain the senior citizen?

No. Setting aside the order does not absolve the transferee of his statutory as well as moral obligation to maintain his aged mother in accordance with the provisions of the Act, and the senior citizen remains at liberty to work out any other remedy available to her in accordance with law.

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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