Senior Citizens Act Can't Be Invoked By One Senior Citizen Against Another To Recover Possession Of Premises: Bombay High Court
6 days, 11 hours ago

Senior Citizens Act Can't Be Invoked By One Senior Citizen Against Another To Recover Possession Of Premises: Bombay High Court

Live Law  

The Bombay High Court has observed that a suit for recovery of possession of premises cannot be entertained by a Maintenance and Welfare of Senior Citizen Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Jurisdiction of Maintenance Tribunal cannot be invoked by one senior citizen to recover possession of premises from another senior citizen”. The Court was considering the petitioners' challenge to the Maintenance and Welfare of Senior Citizen Tribunal's order, which directed them to handover possession of a premises to respondent no. The Court remarked that the Tribunal's order directing possession of premises was a “gross abuse of jurisdiction.” “In my view therefore, the present case involves gross abuse of jurisdiction of the Tribunal which is utilized for the purpose of securing possession of first floor premises from one senior citizen by another senior citizen.” The Court thus quashed the Tribunal's order however clarifying that the court had passed the order in the unique facts and circumstances of the case and shall not be treated as precedent in any other case.

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History of this topic

Maintenance Tribunal cannot decide on property possession cases between senior citizens: Bombay High Court
5 days, 7 hours ago

Maintenance Tribunal cannot decide on property possession cases between senior citizens: Bombay High Court

Hindustan Times  

The Bombay High Court has ruled that the Maintenance and Welfare of Senior Citizens Tribunal, established under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, does not have the authority to adjudicate possession recovery cases when both parties are senior citizens. Maintenance Tribunal cannot decide on property possession cases between senior citizens: Bombay High Court The court …

Parents & Senior Citizens Act - Maintenance Tribunal Has Power To Order Eviction & Transfer Of Possession : Supreme Court
2 months, 3 weeks ago

Parents & Senior Citizens Act - Maintenance Tribunal Has Power To Order Eviction & Transfer Of Possession : Supreme Court

Live Law  

The Supreme Court has clarified that a Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has the power to order the eviction and transfer of possession.Without such a power, the objectives of the 2007 Act - which are to grant speedy, simple and inexpensive remedies to elderly citizens- would be defeated, the Court said.A bench …

While Eviction Under Senior Citizens Act Is Subject To Outcome Of Pending Suit, Protection Offered To Elders Shouldn't Be Defeated: Allahabad HC
3 months, 1 week ago

While Eviction Under Senior Citizens Act Is Subject To Outcome Of Pending Suit, Protection Offered To Elders Shouldn't Be Defeated: Allahabad HC

Live Law  

The Allahabad High Court has held that an order of eviction sought under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 would be subject to the outcome of a suit pertaining to larger issues between the family members, if such suit is filed prior to the application made for eviction under the Act of 2007. a daughter-in-law …

Senior Citizens Act Cannot Be Used As Machinery For Settling Property Disputes Between Heirs Of Senior Citizens: Bombay High Court
11 months, 2 weeks ago

Senior Citizens Act Cannot Be Used As Machinery For Settling Property Disputes Between Heirs Of Senior Citizens: Bombay High Court

Live Law  

The Bombay High Court recently observed that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be used as a machinery for settling property disputes between the heirs of senior citizens. Justice Sandeep Marne made these observations while dealing with a writ petition by a man challenging the order of the maintenance tribunal nullifying various gift deeds …

“Can't Render Wife Homeless For Senior Citizen In-Laws' Peace”: Bombay HC Stays Eviction Till Interim Decision On Shared Household Under DV Act
1 year ago

“Can't Render Wife Homeless For Senior Citizen In-Laws' Peace”: Bombay HC Stays Eviction Till Interim Decision On Shared Household Under DV Act

Live Law  

The Bombay High Court stayed an order directing a daughter-in-law to vacate her matrimonial home under the Senior Citizens Act for six months until a Magistrate decides her interim application for residence under the Domestic Violence Act. The Apex Court held that right of a woman to secure residence in respect of shared household cannot be defeated by securing an …

Senior Citizens Act Can't Be Used For Settling Property Disputes: Delhi High Court
1 year, 1 month ago

Senior Citizens Act Can't Be Used For Settling Property Disputes: Delhi High Court

Live Law  

The Delhi High Court has ruled that the Senior Citizens Act was enacted for the protection of the senior citizens and cannot be used for settling property disputes.“The Senior Citizens Act, 2007 was enacted with the objective to provide a mechanism to secure maintenance and ensure welfare of senior citizens left bereft of support, financial or otherwise. The Delhi High …

Much More In Life Than Material Things: Bombay High Court Laments Mother's Ouster From Home, Orders Son To Vacate Premises
1 year, 1 month ago

Much More In Life Than Material Things: Bombay High Court Laments Mother's Ouster From Home, Orders Son To Vacate Premises

Live Law  

The Bombay High Court today ordered a man and his wife to vacate his elderly mother's house observing that it was unfortunate that the mother, in her twilight years, was ousted from her house by her son rather than receiving love and care. With these observations, the court dismissed the son's writ petition challenging an order of the Senior Citizens …

[Senior Citizens Act] Bombay High Court Upholds Eviction Of Siblings From Dead Father's Property For Ill-Treating Stepmother
2 years ago

[Senior Citizens Act] Bombay High Court Upholds Eviction Of Siblings From Dead Father's Property For Ill-Treating Stepmother

Live Law  

The Bombay High Court recently upheld the eviction of two individuals who allegedly mistreated their stepmother from their deceased father's house observing that the elderly stepmother needs comfort and peace in the evening of her life.Justice RG Avachat upheld the order of the tribunal constituted under section 7 of the Maintenance And Welfare of Parents And Senior Citizens Act, 2007. …

Senior Citizens Act - Transfer Can Be Set Aside Only If Was Subject To Condition Of Providing Basic Amenities : Supreme Court
2 years, 3 months ago

Senior Citizens Act - Transfer Can Be Set Aside Only If Was Subject To Condition Of Providing Basic Amenities : Supreme Court

Live Law  

The Supreme Court has held that Section 23 of Senior Citizens Act will be attracted only if the transfer of property by a senior citizen was subject to a condition of providing the basic amenities and basic physical needs to him/her.In this case, a petition was filed by a senior citizen woman under Section 23 of the Maintenance and Welfare …

Maintenance Tribunal's Power Under Senior Citizens Act Not Limited To Ordering Monthly Allowance : Kerala High Court
2 years, 11 months ago

Maintenance Tribunal's Power Under Senior Citizens Act Not Limited To Ordering Monthly Allowance : Kerala High Court

Live Law  

The Kerala High Court has ruled that the power of the Maintenance Tribunal under the Senior Citizens Act is not circumscribed to mere ordering of monthly allowance for the maintenance of senior citizens where their children/relatives refuse to maintain them but to ensure maintenance from their own earnings to lead a dignified life.Justice Murali Purushothaman held that the Maintenance. The …

Mandatory For The DM To Ensure That Life & Property Of Senior Citizens Are Protected: Allahabad High Court
3 years ago

Mandatory For The DM To Ensure That Life & Property Of Senior Citizens Are Protected: Allahabad High Court

Live Law  

In a significant assertion, the Allahabad High Court has observed that as per the Maintenance and Welfare of Parents and Senior Citizens Act 2007 and the rules framed by the state government thereunder, it is mandatory for the District Magistrate to ensure that the life and property of the senior citizen are protected and they are able to live with …

'Senior Citizens Do Not Have Luxury Of Time' : Bombay High Court Upholds Maintenance Tribunal's Power To Pass Eviction Orders
3 years, 3 months ago

'Senior Citizens Do Not Have Luxury Of Time' : Bombay High Court Upholds Maintenance Tribunal's Power To Pass Eviction Orders

Live Law  

The Bombay High Court has observed that the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can pass an order for removal of a person from the senior citizen's property.A division bench comprising Justice Gautam Patel and Madhav J Jamdar endorsed the view expressed by a division bench of the Delhi High Court in …

Can't Oust Woman From Matrimonial Home On The Basis Of Summary Proceedings Under Senior Citizens Act: Allahabad HC
3 years, 4 months ago

Can't Oust Woman From Matrimonial Home On The Basis Of Summary Proceedings Under Senior Citizens Act: Allahabad HC

Live Law  

The Allahabad High Court recently made it clear that the wife cannot be ousted from her matrimonial home on the basis of the summary proceedings under the Senior Citizens Act, 2007.With this, the Bench of Justice Vivek Chaudhary came to the aid of a widow by setting aside an eviction order passed against her and her son from her in-laws' …

Son Cannot Insist On Staying In Father's House Saying He Has Contributed To Renovation : P&H High Court Upholds Eviction Order Under Senior Citizens Act
3 years, 5 months ago

Son Cannot Insist On Staying In Father's House Saying He Has Contributed To Renovation : P&H High Court Upholds Eviction Order Under Senior Citizens Act

Live Law  

The Punjab and Haryana High Court recently upheld an eviction order passed against a son and his wife at the instance of the father under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.In this case, the father had not transferred the house in question to the son by way of gift or any other deed. The Punjab …

'Daughters Are Daughters Forever, Sons Are Sons Till They Are Married': Bombay HC Upholds Direction Under Senior Citizens Act To Son To Vacate Flat Of Elderly Parents
3 years, 6 months ago

'Daughters Are Daughters Forever, Sons Are Sons Till They Are Married': Bombay HC Upholds Direction Under Senior Citizens Act To Son To Vacate Flat Of Elderly Parents

Live Law  

The Senior Citizens Act mandates that children or relatives are obligated to cater to the needs of the senior citizens so that they 'live a normal life', free of any harassment, the Bombay High Court said, directing a Mumbai resident and his wife to vacate his elderly parents' flat within a month. ".Section 4 clearly provide that the obligation of …

'They Are Licensees At Best' : Calcutta HC Upholds Senior Citizen's Right To Reside In His Own House, Orders Eviction Of Son And Daughter-In-Law
3 years, 8 months ago

'They Are Licensees At Best' : Calcutta HC Upholds Senior Citizen's Right To Reside In His Own House, Orders Eviction Of Son And Daughter-In-Law

Live Law  

The Calcutta High Court on Friday reiterated that the right of a senior citizen to exclusively reside in his own house and also direct the eviction of his son and daughter-in-law if need be, must be viewed from the prism of Article 21 of the Constitution of India. The Court made the aforementioned observations while adjudicating upon a plea by …

Any Affected Party May Prefer Appeal Against Order Of Tribunal Under Senior Citizen Act 2007: Delhi High Court
4 years ago

Any Affected Party May Prefer Appeal Against Order Of Tribunal Under Senior Citizen Act 2007: Delhi High Court

Live Law  

The Delhi High Court has held that any person, affected by an order passed by a Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007, is entitled to file an appeal before the Appellate Tribunal. where it was held that that only senior citizens/ parents are entitled to file an appeal against an order passed …

Senior Citizens Act : Is Express Condition To Provide Basic Amenities To Parents Necessary In Transfer Need To Attract Action Under Section 23?Supreme Court To Examine
4 years, 2 months ago

Senior Citizens Act : Is Express Condition To Provide Basic Amenities To Parents Necessary In Transfer Need To Attract Action Under Section 23?Supreme Court To Examine

Live Law  

The Supreme Court on Friday issued notice on two petitions challenging a judgment of the Full Bench of the Kerala High Court which held that an express condition to provide maintenance to parents is necessary in the transfer deed for it to be cancelled under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.A. The …

Senior Citizens Needn't Show 'Ill Treatment' To Seek Eviction of Children From Their Property: Delhi HC [Read Judgment]
5 years ago

Senior Citizens Needn't Show 'Ill Treatment' To Seek Eviction of Children From Their Property: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has held that senior citizens, who seek eviction of their sons or legal heirs from their property, needn't necessarily have to show that they need maintenance or that they have been ill treated by their heirs. Interpreting the social welfare law for senior citizens, the Single Bench of Navin Chawla noted that scope of the proceedings under …

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