Can a senior citizen evict their child from their property in India?

Yes, authorities under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, are empowered to order the eviction of children from property owned by senior citizens if they are harassed or subjected to cruel treatment.

What did the Nagpur High Court rule regarding elder rights?

The Nagpur High Court upheld an eviction order, affirming that senior citizens have the right to live peacefully in their own homes and can use legal means to remove harassing children.

Does the 2007 Act only cover financial maintenance for parents?

No, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, also empowers authorities to pass orders for the eviction of children from the property of senior citizens against their will.

Home / Crime and Justice / Son Evicted: Court Backs Father's Right to Peace

Son Evicted: Court Backs Father's Right to Peace

25 Jan

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Summary

High Court upheld eviction order for a lawyer son from father's home.
Act empowers authorities to direct eviction of children harassing parents.
Abusive language allegations were deemed credible by the court.

Son Evicted: Court Backs Father's Right to Peace

In a significant ruling, the Nagpur bench of the Bombay High Court has affirmed a senior citizen's right to evict his son from his property. The court upheld an order directing the eviction of a lawyer son who allegedly harassed his 79-year-old father.

The High Court's decision reinforces the powers granted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. It clarifies that authorities can order the eviction of children from properties owned by senior citizens when circumstances warrant it, particularly in cases of harassment or cruel treatment.

The ruling came after the father filed a complaint alleging persistent harassment. While an initial plea was rejected, the Appellate Tribunal overturned this, a decision subsequently validated by the High Court. The court found the father's allegations, including abusive language, to be credible and unrebutted by the son.