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 had filed a suit under the Protection Form Domestic Violence Act, 2005 against her in-laws, who had filed a suit under the Senior Citizens Act, 2007, seeking to evict her from their house. The Apex Court had observed that the daughter-in-law had sought residence contending that the proceedings set up under the Senior Citizens Act were a way of defeating her claims under the DV Act. Further, the Court held that while the Civil Courts possessed the jurisdiction to order eviction under Chapter V of the Act read with the Rules and the Comprehensive Action Plan, the summary proceedings would remain subject to the outcome of any civil suit where larger issues were involved.

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History of this topic

Maintenance Tribunal cannot decide on property possession cases between senior citizens: Bombay High Court
6 days, 10 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 …

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

Removing items from elderly parents’ house is harassment: Delhi HC
5 months, 2 weeks ago

Removing items from elderly parents’ house is harassment: Delhi HC

Hindustan Times  

The Delhi high court has held that the deliberate removal of items by people from the home of their elderly parents not only constitutes economic harassment but also reflects a lack of respect for the rights and possession of the senior citizens. In their petition before the high court, the elderly woman’s children had contended that the order passed under …

DM Can Order Eviction Of Trespassers Upon Senior Citizen's Application Seeking Protection Of Life & Property: Uttarakhand High Court
7 months, 2 weeks ago

DM Can Order Eviction Of Trespassers Upon Senior Citizen's Application Seeking Protection Of Life & Property: Uttarakhand High Court

Live Law  

The Uttarakhand High Court on Wednesday observed that an application seeking eviction of the trespasser interfering in the peaceful possession of the senior citizen would be maintainable before the District Magistrates of Uttarakhand under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007.Though the Act does not permit the senior citizen to file. The Uttarakhand High Court on …

“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 …

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, 1 month 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 | Maintenance Tribunal Has Power To Order Eviction Of Children From House Of Parents: Chhattisgarh High Court
2 years, 2 months ago

Senior Citizens Act | Maintenance Tribunal Has Power To Order Eviction Of Children From House Of Parents: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has held that Maintenance Tribunal possesses power under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to order eviction of children from the houses of their parents. While rejecting arguments advanced to the contrary, the Single Judge Bench of Justice Deepak Kumar Tiwari said, “…this Court does not find any error in the …

[Senior Citizens Act] What Are The Factors Appellate Authority Needs To Consider While Dealing With Application Seeking Stay On Eviction Order? Delhi High Court Answers
2 years, 5 months ago

[Senior Citizens Act] What Are The Factors Appellate Authority Needs To Consider While Dealing With Application Seeking Stay On Eviction Order? Delhi High Court Answers

Live Law  

The Delhi High Court has set out the various factors that are necessary to be taken into consideration by the appellate authority under the Senior Citizens Act, 2007 while dealing with an application seeking stay in a pending appeal against an eviction order.Justice Yashwant Varma observed that in such cases, the appellate authority would have to consider the nature of …

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 …

In Dispute Between The Husband And Wife Under DV Act, Landlord Who Entitled To Decree Of Eviction Should Not Be Made To Suffer: Supreme Court
3 years ago

In Dispute Between The Husband And Wife Under DV Act, Landlord Who Entitled To Decree Of Eviction Should Not Be Made To Suffer: Supreme Court

Live Law  

The Supreme Court has observed that in a dispute between the husband and wife under the Domestic Violence Act, the landlord, who otherwise is entitled to the decree of eviction should not be made to suffer.The bench of Justices MR Shah and BV Nagarathna was considering SLP assailing Delhi High Court's order dated May 13, 2021.In the impugned judgment, the …

Delhi HC Concerned Over Execution Of Eviction Orders Under Senior Citizens Rules Before Expiry Of Limitation To File Appeal, Calls For Directions
3 years, 3 months ago

Delhi HC Concerned Over Execution Of Eviction Orders Under Senior Citizens Rules Before Expiry Of Limitation To File Appeal, Calls For Directions

Live Law  

The Delhi High Court has asked the Principal Secretary of the Delhi Government to issue appropriate directions in matters where eviction orders passed under Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 are sought to be executed even before expiry of the limitation period to file statutory appeal. Justice Rekha Palli, who was of the view that the …

'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, 6 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 …

'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 …

"A Senior Citizen is Entitled To Live In peace In His Own House Under Article 21":Calcutta High Court Orders Eviction Of Son And Daughter In Law
3 years, 9 months ago

"A Senior Citizen is Entitled To Live In peace In His Own House Under Article 21":Calcutta High Court Orders Eviction Of Son And Daughter In Law

Live Law  

The Calcutta High Court last week vide order dated 17.6.2021 extended police protection to an elderly couple by directing the son and daughter-in-law of the couple to vacate the residential premises immediately. "Given the fact that the petitioner no.1 is a senior citizen and is entitled under Article 21 of the Constitution of India to live in peace in his …

Former Allahabad HC Judge And Wife Move HC Against Eviction From House By Son, HC Directs To Approach District Magistrate
4 years, 5 months ago

Former Allahabad HC Judge And Wife Move HC Against Eviction From House By Son, HC Directs To Approach District Magistrate

Live Law  

The Allahabad High Court on Thursday directed the District Magistrate, Prayagraj, to resolve a property title/ possession dispute between a former Judge of the Allahabad High Court and his son, within two months. They sought the Court's assistance while submitting that even though the Legislature has enacted the aforesaid laws for protection of senior citizens, no mechanism has been provided …

Relief of Right to Residence to Woman Under Domestic Violence Law 'Relevant' in Civil Courts, Says SC
4 years, 5 months ago

Relief of Right to Residence to Woman Under Domestic Violence Law 'Relevant' in Civil Courts, Says SC

News 18  

In a significant verdict, the Supreme Court on Thursday held that the relief granting right to residence to a married woman under the domestic violence law by a criminal court is relevant and can be considered even in civil proceedings seeking her eviction from the matrimonial home. The top court, however, said, the interim order protecting the right to residence …

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 …

Maintenance Tribunal Empowered To Order Eviction Of Legal Heir If Parents Are Ill-Treated: Delhi HC [Read Judgment]
7 years ago

Maintenance Tribunal Empowered To Order Eviction Of Legal Heir If Parents Are Ill-Treated: Delhi HC [Read Judgment]

Live Law  

Providing solace to lonely senior citizen couples fighting legal battle with their ill-treating sons and daughters-in-law who refuse to vacate parents’ house despite court orders, a division bench of the Delhi High Court has held that maintenance tribunal has the jurisdiction to pass an order of eviction under the Maintenance and Welfare of Parents and Senior Citizens Act,. Providing solace …

Woman Has Right To Residence In Matrimonial Home, Irrespective Of Whether She Has Any Proprietary Right: Bombay HC [Read Judgment]
7 years, 5 months ago

Woman Has Right To Residence In Matrimonial Home, Irrespective Of Whether She Has Any Proprietary Right: Bombay HC [Read Judgment]

Live Law  

Allowing a petition filed against an order of the family court, the Bombay High Court has held that under the Protection of Women from Domestic Violence Act, 2005, any woman has a right to reside in her matrimonial home or shared household, irrespective of whether she has any right, title or interest in the said household or not.Justice Shalini Phansalkar …

Landlord Can Pursue Eviction Proceedings On Surviving Grounds Even After Taking Possession: SC [Read Judgment]
7 years, 11 months ago

Landlord Can Pursue Eviction Proceedings On Surviving Grounds Even After Taking Possession: SC [Read Judgment]

Live Law  

The landlord had approached the Rent Control Court seeking eviction of tenant under Section 11 and Section 11 of the Kerala Buildings Act, 1965. Setting aside a Kerala High Court order, the Supreme Court, in Valiyavalappil Sarojakshan vs Sumalsankar Gaikevada, has held that merely because a landlord has taken possession on the basis of an order. Setting aside a Kerala …

Parents can evict adult children from house if they are abusive, rules Delhi HC
8 years ago

Parents can evict adult children from house if they are abusive, rules Delhi HC

India TV News  

In a significant move that aims to ensure a better and safer environment for parents at home, the Delhi High Court has ruled that adults who abuse their parents while living in their house can be evicted from the property. Justice Manmohan, while interpreting provisions of the Maintenance and Welfare of Parents and Senior Citizens Act 2007, ruled that the …

Maintenance Tribunal Can Order Eviction Of Adult Children In Cases Of Parental Abuse: Delhi HC [Read Judgment]
8 years ago

Maintenance Tribunal Can Order Eviction Of Adult Children In Cases Of Parental Abuse: Delhi HC [Read Judgment]

Live Law  

Directions to remove the children from the property are necessary in certain cases like the present to ensure a normal life of the senior citizen, the court said.The Delhi High Court in Sunny Paul vs. State, has held that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, amongst other remedies, provides for eviction of adult children in …

Eviction order passed under S. 5A of Public Premises (Eviction of Unauthorized Occupants) Act not appealable: Allahabad HC (FB) [Read Judgment]
9 years, 2 months ago

Eviction order passed under S. 5A of Public Premises (Eviction of Unauthorized Occupants) Act not appealable: Allahabad HC (FB) [Read Judgment]

Live Law  

Full Bench of Allahabad High Court in Yogesh Agarwal vs. Union of India has held that eviction order passed under Section 5A of the Public Premises Act, 1971 is not appealable. Bench comprising of the Chief Justice Hon'ble Dr Dhananjaya Yeshwant Chandrachud, Justices Manoj Kumar Gupta and Yashwant Varma held that High Court in the exercise of its. Bench comprising …

Supreme Court steps in
16 years, 5 months ago

Supreme Court steps in

The Hindu  

THE Supreme Court ruling in May on the eviction from Colombo last year of Tamils from the North and the East came on a petition filed by the Centre for Policy Alternatives. The order was pronounced by a three-member Bench headed by the Chief Justice in the fundamental rights application filed by the CPA and its Executive Director, Dr. Paikiasothy …

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