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Court Backs Senior's Right to Reclaim Property
7 Mar
Summary
- A 71-year-old mother successfully evicted her son and his wife from her property.
- The Bombay High Court upheld the eviction order for the senior citizen's home.
- The mother alleged physical assault and pressure to transfer ownership documents.
In a significant ruling, the Bombay High Court on March 5 upheld an order directing a son and his wife to vacate a flat owned by his 71-year-old mother. The senior citizen had approached the Maintenance Tribunal under the Senior Citizens Act, 2007, alleging physical assault and coercion by the couple to transfer ownership of her Mulund residence.
The court noted that the mother was forced to reside in a geriatric care facility after being driven out of her own home. Justice N.J. Jamadar emphasized that evicting the occupants was essential for her to live peacefully in her property. The son's claim of contributing to the flat's purchase and caring for his mother was rejected.
The tribunal had initially ordered the couple to vacate in August 2025, a decision affirmed by the Appellate Authority and now the High Court. The court viewed the couple's recent domestic violence proceedings as an attempt to evade the eviction order. The couple has been granted three weeks to vacate, provided they file an undertaking.
