[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. 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 directing the petitioners to vacate the premises. Thus, the court upheld the tribunal's order directing the petitioners to vacate the disputed premises and hand over its position to their step mother.

Court Bombay High Court Maintenance Order Tribunal Act Her Life Petitioners Premises Disputed Stepmother  eviction  upholds  order  maintenance  court  tribunal  stepmother  siblings  fathers  high  disputed  upheld  premises  dead  act  illtreating  petitioners  property  senior

History of this topic

HC upholds eviction of stepson who ousted elderly stepmother
2 weeks, 3 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, …

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 …

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
11 months, 3 weeks 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 …

Bombay High Court Dismisses Plea By Deceased's Mother Against Legal Heirship Certificate To Son Of Deceased Excluding Her
1 year, 1 month ago

Bombay High Court Dismisses Plea By Deceased's Mother Against Legal Heirship Certificate To Son Of Deceased Excluding Her

Live Law  

The Bombay High Court refused to revoke legal heir certificate granted to wife and children of a deceased man in a petition filed by a woman claiming to be his biological mother, who alleged that the son of the deceased suppressed her pending suit claiming to be a legal heir. Justice Manish Pitale observed that the son of the deceased …

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 …

Bombay High Court Family Law Digest 2023
1 year, 2 months ago

Bombay High Court Family Law Digest 2023

Live Law  

Wife's Refusal For DNA Test No Ground for Adverse Inference For Maintenance – Bombay High Court Case Title: Namdeo s/o. Bombay High Court Upholds Grant Of Maintenance To Woman Who Had Accepted Alimony Under 'Customary Divorce' Case Title: Gajanan v. Surekha Citation: 2023 LiveLaw 61 Observing that a person's approaching the civil court for divorce itself shows that customary divorce …

Widows do not have to maintain parents-in-law: Bombay High Court
1 year, 11 months ago

Widows do not have to maintain parents-in-law: Bombay High Court

India Today  

While answering a question about whether parents-in-law can claim maintenance from their widowed daughter-in-law under Section 125 of the Criminal Procedure Code, the Aurangabad bench of the Bombay High Court held that senior citizens are not entitled to it. Since their son died, there is no one to look after them and therefore, they filed an application for maintenance before …

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] 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
2 years, 11 months 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 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' …

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, 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 …

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 …

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 …

No Child Can Stay Forcefully With Parents In Their House, Particularly Senior Citizens: Bombay HC Orders Son’s Eviction From Mother’s House [Read Judgment]
6 years, 8 months ago

No Child Can Stay Forcefully With Parents In Their House, Particularly Senior Citizens: Bombay HC Orders Son’s Eviction From Mother’s House [Read Judgment]

Live Law  

The Bombay High Court recently dismissed a petition filed by one Dattaray Mane and ordered and him and his family to vacate his 73-year-old mother’s property in Girgaon. He also submitted that the tribunal has no jurisdiction to evict the petitioner or his family members under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. …

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 …

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