Maintenance Tribunal Can Evict Children From Parent's Property, Rules Delhi HC

Over the last few months, the judiciary has stepped in to declare the importance of seniors and their maintenance. Keeping in view that abuse of the elderly has been rampant, the Delhi High Court has ruled that the Senior Citizens Maintenance Tribunal has the power to evict a daughter or a son from their parental property if they are found to have ill-treated or harassed the elderly.

The decision came into light when Mohammud Aftab Khairi expressed that his three sons had harassed him and despite incurring a lot of cost in the renovation of his property in Hauz Khas and providing separate accommodations for his sons, the latter had not provided for him in return. The High Court Bench comprising of Sidhharth Mridul and Deepa Sharma reiterated that the aim was to interpret the law in a way that it was “wide enough to achieve the legislative purpose and to be responsive to some social demand in a welfare state.” The High Court has ordered the eviction of the sons and the property was restored to Khairi.

Last week, the Madurai Bench also directed the state government of Tamil Nadu that they should create awareness about the protection available under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Justices S. Vimala and T. Krishnavalli observed that in cases where senior citizens have transferred their property as a gift with the intention that the transferee should provide basic amenities; such a provision could be retrieved and understood to be unethically owned through fraud, coercion or undue influence if the transferee did not fulfill the obligations. It could thereafter be declared void and could be reclaimed by the parents. Now, the Bench wants widespread awareness about the provisions laid out in the Act.