Senior citizens tribunals can evict abusive children from ancestral properties: HC

The Bombay high court (HC) has held that senior citizens tribunals, established under provisions of the Maintenance and Welfare of Parents and Senior Citizens Act,

The Bombay high court (HC) has held that senior citizens tribunals, established under provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, can evict abusive children from the resistance of their aged parents even if it is an ancestral property.

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Justice Sadhana Jadhav recently rejected an appeal filed by an Andheri (West) resident and his wife after the sub-divisional officer (SDO), Mumbai suburban district on October 17, 2018 passed an order evicting them from the residence of the man’s aged parents.

The order came on an application filed by the aged parents invoking provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. They complained the disputes arose between them and their son and daughter-in-law after the latter purportedly forged their signatures and withdrew a total of ₹2.26 crore from their bank accounts. This, according to the parents, happened when they went to Singapore. After realising that their son and daughter-in-law took the money, the couple lodged a complaint against them. They, however, had to arrange bail for their son as he threatened to commit suicide behind bars.

The parents alleged they had to face systematic harassment thereafter and eventually approached the senior citizens tribunal in April 2018.

Their son and daughter-in-law then moved the HC challenging the order on the grounds that the property was not self-acquired property of the parents and that they have been living at the premises for a long time and argued that the SDO could not have evicted them from the property at the behest of his aged parents.

Justice Jadhav refused to accept the argument and said although the property is ancestral one, the court cannot be oblivious to the fact that the interest in the property would devolve upon the son only through the parents. “As on today, life, liberty and dignity of the respondents (parents) are of paramount importance.”

The court said the 2007 Act is a special statute enacted to protect the life, liberty, dignity and property of senior citizens and parents, who are in peril at the hands of their own children and grandchildren, and that the object of the Act is required to be achieved by all means.

The court also rejected argument advanced on behalf of the son and his wife that SDO cannot issue an order of eviction and only the district magistrate can do so, in view of the fact that all powers of the district magistrate are delegated to the SDO.