HC orders son who ousted elderly mother from her home to vacate the residence

Bombay High Court orders a man and his family to vacate his 70-year-old mother's residence within 15 days in a property dispute case.

MUMBAI: The Bombay High Court recently ordered a man and his family to vacate the residence of his 70-year-old mother, with whom he was embroiled in a property dispute, within 15 days. The man and his wife had allegedly ousted his mother from the house in Mulund West, forcing her to seek legal recourse.

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The son had filed a petition against an order from the Senior Citizens Maintenance Tribunal, which had directed him and his wife to vacate the house of his mother, who alleged that she had been unlawfully evicted from the premises.

According to the mother’s plea before the Tribunal, the tenement was originally assigned to her late husband, and she had been living there after his death in 2015. However, the son and his wife allegedly refused to leave the premises, leading to her feeling harassed and eventually being forced to leave her own home and seek refuge with her elder son in Thane.

The mother accused the son of attempting to unlawfully seize her property, excluding her other children, and even fabricating documents to sell the property. She highlighted that despite the son having his own residence, he sought to deprive her of her only asset after her husband’s death.

The Tribunal ruled in favor of the mother on September 17, 2021. The son then approached the High Court, arguing that the Senior Citizens Act was arbitrary and requested leniency due to the man’s disability resulting from a paralytic attack in 2019.

However, the mother countered by asserting that the son had recovered and was employed in a theater. She claimed that both he and his wife refused to provide her with maintenance, medical assistance, clothing or shelter, compelling her to move to her other son’s smaller house.

In its ruling, the High Court bench, comprising Justice GS Kulkarni and Justice Firdosh Pooniwalla, expressed sympathy for the mother, noting that it was unfortunate that she had to resort to legal proceedings instead of receiving love and care from her sons, particularly in her twilight years. The Court emphasised the emotional trauma caused by feeling disowned by one’s own children and stressed the importance of familial support in old age.

The Court also highlighted the broader societal challenge of neglect of the elderly, noting the need for greater attention to the care and protection of older persons.

“...due to withering of the joint family system, a large number of elderly are not being looked after by their family, consequently, many older persons, particularly widowed women are now forced to spend their twilight years all alone and are exposed to emotional neglect and to lack of physical and financial support,” the court said.

While rejecting the son’s plea, the High Court affirmed the legislative intent behind providing a right of appeal exclusively to senior citizens, emphasising that the petitioner had legal recourse available despite his claims to the contrary.