CHENNAI: While settling a property in favour of their children, should parents expressly mention that they will take the asset back if they are not looked after well by the children, as promised? Not necessary, the Madras high court has ruled.Parents can unilaterally cancel the settlement deed if there is just a mention that it is being given to them out of love and affection, said Justice S M Subramaniam."A mere recital of the fact that the deed has been executed out of love and affection and for the benefit of the children would be sufficient to satisfy the requirements under The Maintenance and Welfare of Parents and Senior Citizens Act," Justice S M Subramaniam said."Love and affection being the consideration for execution of gift or settlement deed, it becomes a deeming consideration, and any violation is a ground to invoke the act.

Thus, there is no infirmity in respect of the order passed by the sub registrar," the court added.The court made the observation while confirming an order passed by a Tiruppur sub-registrar cancelling a settlement deed executed in favour of Mohamed Dayan by his mother Shakira Begum.The sub-registrar passed the order based on a complaint made by the mother that she had executed the settlement deed as his son promised of her proper upkeep, but he has to honour the promise.Opposing the order, the son contended that his mother executed the settlement deed on October 20, 2020 in his favour without any condition."In the settlement deed, father and younger brother of the petitioner are witnesses and one unregistered consent deed also obtained from his sisters as well as his brother", he said, adding that his mother had given the present complaint against him at the instigation of his sisters.Rejecting the argument, Justice Subramaniam said: "The entire purpose and object of the Act is to consider human conduct towards them.

When human conduct is indifferent towards senior citizens and their security and dignity are not protected, then the provisions of the act are to be pressed into service..."