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G. S. KULKARNI, FIRDOSH P. POONIWALLA
Dinesh Bhanudas Chandanshive – Appellant
Versus
State of Maharashtra – Respondent
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 w
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....
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