A senior citizen can seek eviction of children or legal heirs from property, even without proving ill-treatment or non-maintenance

Delhi High Court Upholds Senior Citizen’s Right to Evict Daughter from Property Court reaffirms senior citizens' rights under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, setting aside the appellate authority's decision.

In a significant judgment reinforcing the rights of senior citizens, the Delhi High Court has upheld an eviction order against the daughter and her family of a senior citizen, Piare Khan, from the second floor of his property in New Ranjeet Nagar, Delhi. The court's decision overturns a previous ruling by the appellate authority that had set aside the eviction order issued by the District Magistrate.

The case revolved around Piare Khan, a senior citizen who had initially allowed his daughter and her family to reside on the second floor of his property out of affection. The relationship deteriorated, leading to allegations of ill-treatment. Khan sought their eviction under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which allows senior citizens to evict their children from property if they do not have rights or interests in it.

The District Magistrate had issued an eviction order, but the appellate authority overturned it, citing a lack of proof of ill-treatment and suggesting the disputes were of a civil nature. The High Court, presided over by Justice Sachin Datta, found the appellate authority's reasoning flawed, emphasizing that the Act does not necessitate proving ill-treatment if the children have no legal rights to the property.

Justice Datta highlighted the Act's purpose-oriented approach, stating it is designed to protect the welfare of senior citizens and ensure their security. The court underscored that even a partial or limited interest in the property by the senior citizen suffices for eviction under the Act.

The judgment also addressed the argument concerning unauthorized construction by Khan's daughter, asserting that the tribunal's jurisdiction is not to decide property titles but to ensure the senior citizen's protection and welfare. The court maintained that Khan's daughter and her family were permissive licensees with no ownership rights.

The High Court directed the daughter and her family to vacate the premises within four weeks and instructed the local police to ensure compliance. The judgment is a significant affirmation of the rights of senior citizens to live peacefully and securely in their own homes, free from unwanted occupancy by their legal heirs.

Bottom Line:

A senior citizen can seek eviction of children or legal heirs from property, even without proving ill-treatment or non-maintenance, if the children have no right or interest in the property.

Statutory provision(s): Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Rule 22(3)(1)

Piare Khan v. Government of NCT of Delhi, (Delhi) : Law Finder Doc Id # 2811807