Cancellation of Settlement Deed -- Plea of Fraud Raised Before Authority Under Senior Citizens Act -- Adjudication of fraud lies before Civil Court, not Collector
(i) Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.23 -- Cancellation of Settlement Deed -- Scope of Authority of Sub-Collector or District Collector -- Section 23 of the Act does not enable the Sub-Collector or District Collector to function as a Civil Court to decide questions of fraud, undue influence, or coercion alleged to have been perpetrated on the petitioner. (ii) Maintenance and Welfare of Parents and Senior Citizens Act, 2007, S.23 -- Cancellation of Settlement Deed -- Remedy for Plea of Fraud -- Where a petitioner alleges that fraud was played on her to procure execution of a settlement deed, it is open to her to approach the Civil Court to raise such a contention, and the authority under Section 23 cannot adjudicate the same.
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