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Can Senior Citizens Evict Children From their Property in India

Introduction:

Meaning of Senior Citizen:

 Any persons or individuals who are more than sixty or sixty-five years of age are considered senior citizens. In other words, any persons or individuals when crossing the age of sixty or sixty-five mostly retire from their workforce due to their ageing and they are considered as senior citizens.

Senior citizens who are ill-treated by their son, daughter or by any children can be evicted from their home or property. The Maintenance and Welfare of Parents and Senior Citizen Act, 2007 provides provisions to give relief to the senior citizen if they are abused or ill-treated by their children.

Rights of Senior Citizens:

Legislations:

There are different legislations which provide maintenance to the senior citizens and also provide eviction of their children and grandchildren from their property. Senior citizens can claim maintenance under CrPC, Maintenance of Parents and Senior Citizens Act, 2007, Personal Laws and so on. They also get concession under the Income Tax Act.

Personal Laws:

Hindu Adoption and Maintenance Act, 1956:

Hindu Adoption and Maintenance Act, 1956 provides section 20 which further says that parents can claim maintenance from their son and daughter when they are unable to run themselves.

Muslim Personal Law:

The Muslim law says that both son and daughter should maintain their parents.

Christian and Parsi Law:

There are no such provisions in the Christian and Parsi personal laws if they want maintenance then they have to claim it under CrPC.

Code of Criminal Procedure

Parents who are irrespective of their community can claim maintenance under section 125 of the CrPC.

The Chandigarh Maintenance and Welfare of Parents and Senior Citizen Rules, 2009 are as follows:

Duties and Powers ( District Magistrate ):

(1)  Sub-rules 2 and 3 provides powers and duties of the District Magistrate so that the provisions of the above-mentioned Act can be carried out in his district.

(2)  District Magistrate has the duty to check that the life and property of the senior citizens of his district are protected and they can live free from abuse and mistreat and with a sense of dignity and security. And also he has duty and power to check and monitor the work of the Maintenance Tribunal and Maintenance officers of his district.

No children can take the property or possession of the property without the consent of their parents or grandparents and if they take the property or possession of the property without consent then their parents or grandparents can take legal action against them. Senior citizens should be free from any type of illness from their children or grandchildren. They must be provided with dignity and security so that they can enjoy their property as they wish.

Jurisdiction  (civil courts ): 

This act mentions that no civil court shall have jurisdictional power of any matter and also no injunction can be granted by these civil courts.

Words from Delhi High Court:

“Darshna vs Govt Of Nct Of Delhi & Ors on 3 October, 2018, Delhi High Court,  (IN THE HIGH COURT OF DELHI AT NEW DELHI)(Judgment reserved on: September 18, 2018, Judgment delivered on: October 03, 2018)”

“Delhi High Court has held that senior citizens can evict their children who ill-treat them from their self acquired property or ancestral property. The case discussed here provides information that a woman’s plea was dismissed because she subjected her in-laws to cruelty. It is also observed that a bench of Chief Justice Rajendra Menon and Justice V.K Rao upheld the order of the District Magistrate and Single Judge, who had directed her to vacate the first floor of her in-laws house and it is mentioned that senior citizens should live in peace and the orders of the Maintenance Tribunal and single judge cannot be faulted.

The Delhi Maintenance and Welfare of Parents and Senior Citizens Rules provide relief to the senior citizen from their children and grandchildren.”

Case: “Mr Dattatrey Shivaji Mane vs Mrs Lilabai Shivaji Mane And Ors on 26 June 2018, Bombay High Court, Bench: R.D. Dhanuka (IN THE HIGH COURT OF JUDICATURE AT BOMBAY, CIVIL APPELLATE JURISDICTION)”

“In this case, the Bombay High Court said that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 allows the parents and senior citizens who are unable to maintain themselves from their earnings or from their property if these senior citizens are unable to run their life then it is not only against their children but also against their grandchildren. This eviction is mentioned in section 4 of the above mentioned Act.”

Conclusion:

Since we are talking about ageing, ageing is just a process happens in human life. In a real sense, ageing is the declining of the ability of the human organs. It is necessary to protect them from all illness and provide security and dignity. The population of aged persons are increasing day by day. So, the government has different instruments to protect them and provide relief from their children and grandchildren.

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