Senior citizens do not need to demonstrate 'Ill Treatment' for children to be evicted from their property: Delhi HC - Synopsis
Lakshay Parmar 30 Mar 2020

Delhi High Court has held that senior citizens who demand eviction from their property, of their sons or legal heirs need not necessarily demonstrate that they need maintenance or that their heirs have treated them poorly.

The Single Bench of Navin Chawla, interpreting the law on social welfare for senior citizens, noted that the purpose of the proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, as well as the Laws, is to provide protection for parents, including their properties.

The present order came in a petition filed by the respondent's son and grandson, challenging the Appellate Tribunal's eviction order of 20/02/20 under the Delhi Maintenance and Welfare of Parents and Senior Citizens, Rules, 2009.

The petitioner also submitted that there is no proof of the Petitioner's ill-treatment of the respondents.

Though dismissing the Petitioner's argument, the court relied on its previous judgment in Smt Darshana v. GNCTD LPA 537/2018, in which it was held that, it is evident from the plain language of Rule 22(3) (1) (i) that a senior citizen is also entitled to remove his son, daughter or legal heir from his property regardless of whether it is an ancestral or self-acquired land.

The court while pronouncing its verdict stated, 'the scope of this Act is not to punish the children and therefore, once it is established that the children have no right over the property of the parents, the fact that the parents do not wish to have their children staying with them is enough for invoking the Act and the Rules'.


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