Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S. KULKARNI, FIRDOSH P. POONIWALLA, JJ.
Dinesh Bhanudas Chandanshive – Appellant
Versus
The State of Maharashtra – Respondent
Writ Petition No.7392 of 2021 With Interim Application No. 17712 of 2023
Decided on : 30-01-2024
Senior Citizen - Maintenance and Welfare - [Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Sections 3, 4, 5, 6, 7, 8, 9, 11, 15, 16, 23, 24, 25, 27)] - The court discussed the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, emphasizing the rights of senior citizens and their maintenance and welfare. The court highlighted the legislative scheme of the Act, the intention behind its enactment, and the overriding effect of the Act. It referenced previous judgments to establish the protection provided to senior citizens and the obligations of children or relatives to maintain a senior citizen, ensuring they lead a normal life. The court also emphasized that the Act aims to safeguard the physical and mental health of senior citizens and prevent harassment and exploitation by family members. The judgment reaffirmed that children cannot assert any legal right in the property of their parents during the parents' lifetime and that the Act provides a mechanism to protect the life and property of older persons.
Fact of the Case:
The case involved a senior citizen mother who was illegally ousted from her tenement by her son and his wife. The mother, after her husband's demise, was peacefully residing in the tenement, which was allotted to her deceased husband for residential purposes. The son and his wife refused to vacate the tenement, causing severe harassment to the mother, who had to seek shelter with her elder son. The mother approached the Tribunal seeking relief to be removed from the tenement and put in possession.
Finding of the Court:
The court found that the mother was residing in the tenement after her husband's demise and had no other independent premises to stay. It noted that the son and his wife had neglected to maintain the mother and provide her basic needs, despite having their own tenement. The court concluded that the mother deserved to be maintained from her own tenement and that the son had no legal right to oust the mother from her tenement or deprive her of maintenance.
Issues: The issues involved the illegal ousting of a senior citizen mother from her tenement by her son and his wife, the neglect of the mother's basic needs, and the son's claim of legal right to inherit the father's property.
Ratio Decidendi: The court established that children cannot assert any legal right in the property of their parents during the parents' lifetime. It emphasized the obligations of children or relatives to maintain a senior citizen, ensuring they lead a normal life, and the protection provided to senior citizens under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Final Decision: The petition was rejected, and the son was directed to vacate the premises within 15 days. The court ordered that the son should not create any third-party right or part with the possession of the tenement until vacant possession is handed over to the mother. The judgment also stated that the son had no legal remedy to assail the provisions of the Act as unconstitutional.
JUDGMENT :
G.S. Kulkarni, J.
1. An unfortunate saga of a mother, who is a senior citizen, requiring to initiate proceedings against her son and his wife, who illegally ousted her from her abode, is the subject matter of the present proceedings.
2. This petition under Article 226 of the Constitution of India assails an order dated 17 September, 2021 passed by the Senior Citizens Maintenance Tribunal (for short “Tribunal”). By the impugned order, the petitioner, who is the son of respondent no. 4-Smt. Laxmi Bhanudas Chandanshive (“the mother”) has been ordered to vacate the tenement belonging to her.
3. The mother had approached the Tribunal invoking its jurisdiction against the petitioner and his wife contending that the petitioner and his wife have illegally removed her from tenement no. 310, Vishwa Sahakar Cooperative Housing Society Ltd., Gautam Nagar, Dindayal Upadhayay Marg, Mulund (West), Mumbai – 400 080. The mother contended that the tenement was allotted to her deceased husband (petitioner’s father), who passed away on 15 June, 2015. After her husband’s demise, she was peacefully residing in the said tenement. She has contended that she has three sons and one daughter, all of whom are married and are residing in their respective houses. The mother complained that after the demise of her husband, the petitioner along with his wife visited her and thereafter refused to leave the tenement. It was her case that severe harassment was caused to her by the petitioner and his wife, as a result of which in a state of being driven out of her own house, she had to leave the tenement and have a shelter with her elder son Vijay Bhanudas, who was staying at Kisannagar, Wagle Estate, Thane in a small tenement, where she is presently residing.
4. The mother contended that the motive of the petitioner to illegally oust her so as to exclusively occupy her tenement with an intention to grab the tenement that too during her life time and to the exclusion of the other siblings of the petitioner. She contended that by fabricating documents, the petitioner intended to sell the tenement. The mother contended that her deceased husband had in fact financially helped the petitioner to purchase a tenement at Gatipada, Mulund, where the petitioner was residing with his family. Hence, despite having an independent house, the petitioner with the sole motive and to divest her from her only asset, which exclusively belonged to her after the demise of her husband, caused her removal depriving her of a roof over her head in the sunset years of her life. It is in these circumstances, she approached the Tribunal praying for the relief that the petitioners be directed to be removed from the tenement and she be put in possession.
5. The Tribunal, after granting an opportunity to the petitioner to file a reply to the complaint made by the mother, as also granting sufficient opportunity of a hearing and after considering the rival contentions, by the impugned order dated 17 September, 2021 allowed the complaint/application of the mother in terms of the following operative order:
| (Translation of Photocopy of an Order, typewritten in Marathi.) ORDER 1. Application of the Applicant is allowed. 2. Opponent Nos. 1 and 2 should vacate the said suit house and hand over possession thereof to the Applicant within 30 days from the date of receipt of the order. The Tahsildar, Kurla, Mulund shall ensure the implementation of the order with the help of Senior Police Inspector of concerned Police Station and shall take such action that the order is implemented and submit a report to that effect. 3. The Order of Maintenance given under this Act shall operate and shall remain in force as per the directions issued under Chapter-9 of the Criminal Procedure Code, 1973 ( 2 of 1974) and this order shall be executed as per the procedure prescribed for implementation, under the said Code. 5. No order as to costs. Sd/- ( Padmakar Rokade) |
The main legal point established in the judgment is that children cannot assert any legal right in the property of their parents during the parents' lifetime, and the Maintenance and Welfare of Paren....
The broad interpretation of 'property' under the Senior Citizens Act and the obligation of children to maintain senior citizens for them to lead a normal life.
The Senior Citizens Act empowers the Tribunal to issue eviction orders to protect the rights and welfare of senior citizens, emphasizing the obligation of children to maintain their parents, includin....
Senior citizen, cannot seek eviction from separate residence of son in a building owned by him, under Senior Citizens Act – Son also cannot claim a right to residence in a building exclusively owned ....
The Senior Citizens Act protects the rights of senior citizens against eviction and harassment by their children, affirming that children cannot assert property rights during the parents' lifetime.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 protects the rights of senior citizens to maintain possession of their property independent of their children's claims.
Tribunal under Senior Citizens Act may order child's eviction from parent's property sans monetary maintenance claim if essential for senior citizen's residence and normal life, particularly after fo....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
