Parents & Senior Citizens Act - Maintenance Tribunal Has Power To Order Eviction & Transfer Of Possession : Supreme Court
6 days, 17 hours 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 comprising Justice CT Ravikumar. 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. The Supreme Court disapproved of the reasoning of the division bench that Section 23 was a standalone provision and the Tribunal had no power to transfer possession.

Court Transfer Power Order Senior Citizens Tribunal Citizens Act Senior Possession Section 23  order  tribunal  act  court  maintenance  transfer  senior  eviction  possession  parents  supreme  citizens  23  judgment  power

History of this topic

Properties can be transferred back to elderly parents if…: Supreme Court’s big ruling
4 days, 20 hours ago

Properties can be transferred back to elderly parents if…: Supreme Court’s big ruling

Live Mint  

The Supreme Court recently overturned a Madhya Pradesh High Court decision, emphasising the need for a liberal interpretation of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, in the case of Urmila Dixit v. Sunil Sharan Dixit. Now the tribunals can order the transfer of property back to elderly parents, the Supreme Court said. In its order, …

Proceedings Pending U/S 125 CrPC Not Bar On Maintenance Tribunal's Jurisdiction To Provide Residence To Senior Citizens/ Parents: Kerala HC
1 month ago

Proceedings Pending U/S 125 CrPC Not Bar On Maintenance Tribunal's Jurisdiction To Provide Residence To Senior Citizens/ Parents: Kerala HC

Live Law  

The Kerala High Court has held that the pendency of maintenance proceedings before the Family Court under Section 125 of the CrPC would not affect the jurisdiction of the Maintenance Tribunal from ordering residence to senior citizens under the Maintenance and Welfare of Parents and Senior Citizens Act of 2007. The Court clarified that Section 12 of the Act, which …

Senior Citizens Act | Maintenance Tribunal Has Power To Order Eviction Of Children From House Of Parents: Chhattisgarh High Court
1 year, 11 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 …

Transfer Of Property Can't Be Declared Void U/S 23 Senior Citizens Act In Absence Of Clause Obligating Transferee To Maintain Transferor: Madras HC
2 years ago

Transfer Of Property Can't Be Declared Void U/S 23 Senior Citizens Act In Absence Of Clause Obligating Transferee To Maintain Transferor: Madras HC

Live Law  

The Madras High Court has recently held that though the Maintenance and Welfare of Parents & Senior Citizens Act provides for declaring certain property transfers as void, a settlement of property cannot be cancelled unless it fulfills the conditions of the Act. Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act states that, Where any senior …

Senior Citizens Act - Transfer Can Be Set Aside Only If Was Subject To Condition Of Providing Basic Amenities : Supreme Court
2 years, 1 month 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, 2 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 …

Maintenance Tribunal's Power Under Senior Citizens Act Not Limited To Ordering Monthly Allowance : Kerala High Court
2 years, 9 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 …

'Senior Citizens Do Not Have Luxury Of Time' : Bombay High Court Upholds Maintenance Tribunal's Power To Pass Eviction Orders
3 years, 1 month 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 …

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, 3 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, 5 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, 5 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 …

Senior Citizens Act - Section 23 Can't Be Invoked If Release Deed Is For Consideration : Karnataka High Court
3 years, 6 months ago

Senior Citizens Act - Section 23 Can't Be Invoked If Release Deed Is For Consideration : Karnataka High Court

Live Law  

The Karnataka High Court has recently held that a senior citizen cannot invoke Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, when the release of property was not out of natural love and affection but for a consideration. The counsel for respondent 2, submitted that even in the absence of condition, the transferee shall provide …

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 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 …

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, 1 month 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 …

Senior Citizens Act: Section 23 Attracted Even If There Was No Condition Of Providing Maintenance In Transfer Deed: Kerala HC [Read Judgment]
5 years, 2 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, 7 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 …

Discover Related