The Supreme Court has stated in a significant ruling that if children fail to fulfill their responsibility for the maintenance and care of their senior citizen parents, they can be evicted from the parents' property.
New Delhi: If children do not fulfill their responsibility for the maintenance of senior citizens, they can be evicted from the property. The Supreme Court clarified in its order that the Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, has the authority to evict individuals from property in such cases. This step has been taken to ensure the rights and security of senior citizens.
What was the case?
In this case, a 40-year-old senior citizen and his 78-year-old wife had appealed. The Tribunal had issued an order against their elder son for eviction from the parents' property, as he had failed to fulfill his responsibility for their care. However, this order was invalidated by the Bombay High Court. The Supreme Court, led by a bench of Justice Vikram Nath, set aside the High Court's decision and ruled in favor of the parents.
Supreme Court's Order
The Supreme Court found that the elder son, who is financially capable and runs a business, had occupied two properties belonging to his parents in Mumbai. When the parents moved to Uttar Pradesh, the son did not allow them to reside in their own property. The court stated that the son violated his legal obligation and deprived his parents of their own property. The Supreme Court ordered the elder son to vacate the property and submit an affidavit by November 30, 2025.
The Supreme Court clarified that this law was enacted with the objective of ensuring the safety and maintenance of senior citizens. The court emphasized that if children fail to care for their parents, their right to property may be terminated. The bench led by Justice Vikram Nath stated,
'This law was enacted to address the plight of senior citizens, ensuring their care and protection. Its objective is to ensure that senior citizens live their final years with dignity and security.'
Legal experts state that this decision will prove to be a milestone in protecting the rights of senior citizens in India. It reminds children that caring for parents is not merely a moral responsibility, but also a legal obligation.
