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 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. The facts in brief The Court was hearing a criminal writ petition filed by the petitioners seeking to to dismiss the application filed by respondent No.4 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, whereby the petitioners had been ordered to be ejected from the house in question. The Court's observations Referring to Section 23 of the 2007 Act, the Court observed that this provision provides thus: "if a senior citizen who, after the commencement of the 2007 Act, has transferred by way of gift or otherwise, his property, with the condition that the transferee would provide basic amenities and basic physical needs to the transferor, who thereafter refuses or fails to provide such amenities and physical needs, then the transfer of the property made by the senior citizen shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor, be declared void by the Tribunal."

Parents Court Order Renovation Son His Wife Act Senior Father Question Tin Petitioners 2007 Senior Citizens Act Eviction Order Citizens Act House Saying  act  question  2007  parents  insist  petitioners  senior  son  staying  order  house  saying  renovation  upholds  ph  father  court

History of this topic

HC upholds eviction of stepson who ousted elderly stepmother
2 weeks, 6 days ago

HC upholds eviction of stepson who ousted elderly stepmother

Hindustan Times  

MUMBAI: The Bombay high court has upheld the eviction of a city resident who forcefully took possession of his stepmother’s Kandivali home after throwing her out. HC upholds eviction of stepson who ousted elderly stepmother “The position in law is well settled that during the lifetime of the parents, the children cannot assert any legal rights over their parents’ property, …

Senior Citizen Not Entitled To Receive Maintenance From Children Unless Shows Inability To Maintain Himself: Orissa High Court
1 month, 1 week ago

Senior Citizen Not Entitled To Receive Maintenance From Children Unless Shows Inability To Maintain Himself: Orissa High Court

Live Law  

The Orissa High Court has held that simply being a 'senior citizen' does not automatically entitle a person to receive maintenance from children unless shown that he/she is unable to maintain himself/herself from own earnings or out of owned property. While clarifying the position of law under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Single …

[Senior Citizens Act] Son-In-Law Must Vacate Father-In-Law's House In Case Need Arises For Peaceful Income For Senior Citizen U/S 23 Of The Act: MP HC
1 month, 2 weeks ago

[Senior Citizens Act] Son-In-Law Must Vacate Father-In-Law's House In Case Need Arises For Peaceful Income For Senior Citizen U/S 23 Of The Act: MP HC

Live Law  

The Madhya Pradesh High Court in a recent ruling ordered eviction of a son-in-law residing on premises belonging to his retired father-in-law who needed the said property as a source of additional income to maintain his wife and children. Dismissing the appeal, the High Court upheld the decision of the writ court wherein it was opined that by implication if …

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

Removing items from elderly parents’ house is harassment: Delhi HC
5 months, 1 week 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 …

Senior Citizens Act Cannot Be Used As Machinery For Settling Property Disputes Between Heirs Of Senior Citizens: Bombay High Court
11 months, 1 week 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 …

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

[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 …

Senior Citizens Act: Bombay High Court Refuses Relief To Son Who Became Mother's Tenant & Dishoused Her Without Rent
3 years, 2 months ago

Senior Citizens Act: Bombay High Court Refuses Relief To Son Who Became Mother's Tenant & Dishoused Her Without Rent

Live Law  

The Bombay High Court has directed a son who "deprived his mother from leading a normal life" to vacate the house "expeditiously", noting that the mother had suffered immensely since over five years. Justice Girish Kulkarni observed that it was "astonishing" how the 48-year-old son had invented a novel way of entering the septuagenarian mother's house. Facts of the Case …

'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' …

'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, 7 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 …

Punjab and Haryana High Court Dismisses Illegal Transfer Of Property of Aged Widow
3 years, 8 months ago

Punjab and Haryana High Court Dismisses Illegal Transfer Of Property of Aged Widow

Live Law  

The Punjab and Haryana High Court last week came to the rescue of a 76 years old widow who had been ousted from her house by her son consequent to the illegal transfer of her house in her son's name. A Bench comprising Justice Augustine George Masih and Justice Ashok Kumar Verma opined on the objective of the Maintenance and …

'State Of Punjab Has To Put Its House In Order': Punjab & Haryana HC As Govt Fails To Release Pensionary Benefits To Dependents Of Ex-Employee
4 years, 2 months ago

'State Of Punjab Has To Put Its House In Order': Punjab & Haryana HC As Govt Fails To Release Pensionary Benefits To Dependents Of Ex-Employee

Live Law  

The Punjab and Haryana High Court recently pulled up the State Government for its callous attitude and indifference for failing to release the funds that the family members of a deceased government employee are rightfully entitled to. A single bench comprising Justice Anil Kshetarpal remarked, "It is unfortunate that the dependents/heirs of an Ex-employee, who died in harness, are being …

Can Right Of Woman To Reside In Shared Household Under DV Act Be Defeated By Power Of Eviction U/S 23 of Senior Citizens Act?: SC Reserves Judgement
4 years, 3 months ago

Can Right Of Woman To Reside In Shared Household Under DV Act Be Defeated By Power Of Eviction U/S 23 of Senior Citizens Act?: SC Reserves Judgement

Live Law  

The Supreme Court on Wednesday considered if the right of a woman to reside in the share household under section 17 of the Domestic Violence Act, 2005 could be defeated by the power of eviction under section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 The bench of Justices D. Y. Chandrachud, Indu Malhotra and …

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 …

After Husband's Death, Wife Has Every Right To Claim Maintenance From The Estate Inherited By Father-In-Law: Bombay HC [Read Judgment]
4 years, 6 months ago

After Husband's Death, Wife Has Every Right To Claim Maintenance From The Estate Inherited By Father-In-Law: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has observed that after husband's death, a woman has every right to claim maintenance from the estate inherited by her father-in-law.High Court has dismissed a writ petition filed by a man who challenged an order passed by Family Court, Bandra granting interim maintenance to his widowed daughter-in-law and grandson.Justice Nitin W Sambre observed that as per …

Senior Citizens Needn't Show 'Ill Treatment' To Seek Eviction of Children From Their Property: Delhi HC [Read Judgment]
4 years, 11 months 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 …

Senior Citizens Act: Section 23 Attracted Even If There Was No Condition Of Providing Maintenance In Transfer Deed: Kerala HC [Read Judgment]
5 years, 4 months ago

Senior Citizens Act: Section 23 Attracted Even If There Was No Condition Of Providing Maintenance In Transfer Deed: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has observed that Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act can be invoked even if there was no condition of providing maintenance in the transfer deeds.Justice A. Muhamed Mustaque observed that the scheme of the Senior Citizens Act is not intended at dispute resolution but to promote measures to secure …

Delhi HC Repels Challenge Against Rules Enabling District Magistrate To Evict Children Who Do Not Provide Maintenance To Parents [Read Judgment]
5 years, 9 months ago

Delhi HC Repels Challenge Against Rules Enabling District Magistrate To Evict Children Who Do Not Provide Maintenance To Parents [Read Judgment]

Live Law  

The Delhi High Court on Friday dismissed a petition seeking to quash the Rules 22 and 22 of The Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2016 for being ultra-vires the parent Act of 2007 and the Constitution. The bench of Chief Justice Rajendra Menon and Justice V Kameswar Rao noted that section 22 of the Act …

Karnataka HC Asks Son Who "Manhandled" Parents To Vacate Parent's House [Read Order]
6 years ago

Karnataka HC Asks Son Who "Manhandled" Parents To Vacate Parent's House [Read Order]

Live Law  

In doing so, Justice Alok Aradhe observed, "Our Society is a Traditional society, and its core value is to provide care for elderly and to treat them with respect. The court was hearing a petition filed by one Skanda Sharath, challenging an order passed by the Assistant Commissioner under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, …

Parents Can Seek Child’s Eviction from Any Type Of Property On Grounds Of Non-Maintenance & Ill-Treatment: Delhi HC [Read Order]
6 years, 3 months ago

Parents Can Seek Child’s Eviction from Any Type Of Property On Grounds Of Non-Maintenance & Ill-Treatment: Delhi HC [Read Order]

Live Law  

The Delhi High Court has held that a parent can seek eviction of his children and legal heirs from any type of property, on grounds of non-maintenance and ill-treatment.Justice Vibhu Bakhru asserted, “The Clause as it stands today expressly permits a citizen/parent to make an application for eviction of his son, daughter and legal heir from the property of any …

Parents Can Seek Child’s Eviction from Any Type Of Property On Grounds Of Non-Maintenance & Ill-Treatment: Delhi HC [Read Order]
6 years, 3 months ago

Parents Can Seek Child’s Eviction from Any Type Of Property On Grounds Of Non-Maintenance & Ill-Treatment: Delhi HC [Read Order]

Live Law  

The Delhi High Court has held that a parent can seek eviction of his children and legal heirs from any type of property, on grounds of non-maintenance and ill-treatment.Justice Vibhu Bakhru asserted, “The Clause as it stands today expressly permits a citizen/parent to make an application for eviction of his son, daughter and legal heir from the property of any …

Elderly Parents, If Ill-Treated, Can Take Back Property From Son
6 years, 8 months ago

Elderly Parents, If Ill-Treated, Can Take Back Property From Son

The Quint  

The Bombay High Court ruled that elderly parents can take back property gifted to their son if he ill-treats them or fails to look after them in their old age, The Times of India reported on Monday, 16 July. A division bench of Justices Ranjit More and Anuja Prabhudesai cited the special law for the maintenance of senior citizens while …

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 …

Gujarat HC Comes To The Rescue Of Couple Alleging Harassment By Son And Daughter-In-Law [Read Order]
7 years, 6 months ago

Gujarat HC Comes To The Rescue Of Couple Alleging Harassment By Son And Daughter-In-Law [Read Order]

Live Law  

The Gujarat High Court has come to the rescue of an elderly couple from Vaso village in Kheda District and has granted them interim relief against their son and daughter-in-law.According to a TOI report, the Petitioners, Mr. Shantilal Prajapati and Ms. Kamlaben Shantilal Prajapati have petitioned the High Court alleging that their son, Dharmendra has been misbehaving with them. The …

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 …

Woman Can’t Claim Right Over Her Father-In-Law’s Property: Punjab & Haryana HC [Read Judgment]
8 years, 4 months ago

Woman Can’t Claim Right Over Her Father-In-Law’s Property: Punjab & Haryana HC [Read Judgment]

Live Law  

The Punjab and Haryana High Court has held that a woman cannot claim as a matter of right to occupy any part of a self-acquired property of her husband’s parents against their wishes.The court relied on a number of judgments and dismissed an appeal by a woman claiming residential rights on her matrimonial house, owned by her father-in-law.Justice Raj Mohan …

Punjab and Haryana HC dismisses plea of son challenging order of Maintenance tribunal directing him to provide maintenance to his father [Read Judgment]
9 years, 2 months ago

Punjab and Haryana HC dismisses plea of son challenging order of Maintenance tribunal directing him to provide maintenance to his father [Read Judgment]

Live Law  

Though parents want to maintain their independence and do not expect much from adult children as children expect from them, parents also hope that children will be there for them when called upon particularly in the evening of their life.Punjab and Haryana High Court has dismissed plea of a son challenging the order of District Magistrate by which he had …

Discover Related