The Kerala High Court has set aside orders cancelling a family settlement, holding that a reserved life interest alone did not satisfy the statutory conditions for cancellation under the Senior Citizens Act.
Judge / Bench — Justice M.A. Abdul Hakhim.
Allowing Bindu and Harikrishnan’s petition on 8 October 2026, the court found neither a condition requiring the transferee to provide basic amenities nor an allegation of its breach. The tribunal therefore lacked jurisdiction under Section 23(1).
The transferor’s subsequent death did not extinguish the transferee’s challenge to orders affecting property rights. A later settlement executed on the strength of the cancellation could not defeat that challenge. The court set aside both tribunal orders and dismissed the cancellation application.
Advocates appearing — Petitioners — S. Sreekumar, senior counsel, instructed by Arun B. Varghese; R. Sanjay Sankar. Respondents — R. Azad Babu, Rejitha Rajan and Bijulal, Senior Government Pleader; Surin George Ipe for respondents 6–9.