Maintenance Tribunals can restore property to elderly: High Court

Team SoOLEGAL 10 Nov 2020 4:27pm

Maintenance Tribunals can restore property to elderly: High Court

In an earlier judgment, eviction powers were taken away from the District Magistrate. The Punjab and Haryana High Court, in this case has restored the power of eviction to maintenance tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizen Act.

Justice Arun Monga said that tribunals will have the jurisdiction to entertain complaints from senior citizens for protection of life and property related issues or threat by family members or relatives.

A petition was filed by a widow against the Additional Deputy Commissioner cum Maintenance Tribunal’s order which asked her to vacate her matrimonial home on the complaint of her 82 year old father in law. The advocate, on behalf of the woman said that no tribunal has the right to give eviction orders, the power is only to provide maintenance to senior citizen.

Justice Monga said that tribunal will have a power to declare a property transfer as void at the option of senior citizen, who feels neglected after the transfer of his property, and it will be understood that the transfer of property was made under undue influence or coercion. The Bench was of the view that it is illogical to claim that the court did not have the right to evict the child or relative of a senior citizen in the unlawful occupation of the property and to recover his or her possession while at the same time it possesses stronger power under the Act to restore his or her ownership and possession.

The Bench was also of the view that the provisions of this particular Act will have no meaning if a senior citizen cannot live peacefully in his/her own property.

Tagged: High Court   Punjab and Haryana High Court   Senior Citizen Act   Justice Arun Monga   Deputy Commissioner  
Did you find this write up useful? YES 2 NO 0
Hardeep Singh   6 Jul 2023 11:19pm
Need this Judgement copy
Ramesh   15 Nov 2020 12:56pm
Purpose of senior citizen act is to protect sr citizen in all aspects including property,peace,health,food,

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