The Madras High Court ruled that under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, only the person who transferred property with a specific condition for maintenance, like a senior citizen parent, can seek its cancellation if the maintenance condition is not met. 

The Court quashed a Sub-Collector’s order cancelling a property settlement based on an application by the mother, who was not the transferor.

The court held that “love and affection” is not a legally enforceable condition for cancellation unless explicitly mentioned in writing.

As the father (settlor) imposed no such condition, the deed’s cancellation was deemed unlawful.