HC upholds senior's right to evict son, wife from her flat
MUMBAI, March 7 -- The Bombay High Court upheld an order directing a man and his wife to vacate a flat owned by his 71-year-old mother, observing that a senior citizen can seek eviction of children from her property. The women claimed that the couple physically assaulted her and pressured her to execute documents transferring ownership of the flat to the son.
A single-judge bench of Justice N.J. Jamadar noted that the woman was currently living in a geriatric care facility after allegedly being forced out of her own home.
The court said that evicting the occupants from her property was necessary to enable her to live peacefully in her house.
The case arose from a complaint filed by the woman before the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
She alleged that her son and her daughter-in-law, who resided with her in a Mulund flat registered in her name, subjected her to harassment and abuse.
According to the complaint, the couple physically assaulted her and pressured her to execute documents transferring ownership of the flat to the son. She further claimed that they eventually drove her out of the house. Seeking relief, the woman urged the tribunal to evict the couple so that she could return and live independently in her own residence.
Opposing the plea, the son argued that he had contributed substantially toward the flat's purchase and claimed he and his wife had been taking care of the elderly woman, including her medical and daily needs.
In August 2025, the Maintenance Tribunal held that the property was registered in the woman's name and directed the couple to hand over possession of the flat to her. The son and daughter-in-law challenged the decision before the Appellate Authority, which refused to interfere with the order. They subsequently approached the Bombay High Court.
Rejecting this contention, the high court said the provisions of the Senior Citizens Act must be interpreted to advance the purpose of the beneficial legislation.
"A senior citizen is entitled to safeguard his physical and mental health," the court observed.
The bench also noted that the couple initiated proceedings under the Protection of Women from Domestic Violence Act, 2005, and remarked that it appeared to be an attempt to avoid the consequences of the eviction order.
Observing that the case concerned a widowed woman-whom Parliament recognized as among the most vulnerable classes of senior citizens-the court said she was entitled to protection under the Senior Citizens Act.
Finding no infirmity in the orders passed by the tribunal and the appellate authority, the high court on March 5 upheld the eviction order....
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