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VIKAS BAHL
Naresh Kumar – Appellant
Versus
Appellate Tribunal, Maintenance & Welfare of Parents and Senior Citizens Act, 2007 – Respondent
JUDGMENT
Vikas Bahl, J. (Oral)
This writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for setting aside the impugned order dated 04.08.2021 (Annexure P-4) passed by respondent No.2 vide which the petitioners had been ordered to vacate House No.1639, Near Sector-32, Prem Puri (VPO Jharsa Road), Gurugram. Challenge is also made to the order dated 26.09.2023 (Annexure P-7) passed by respondent No.1 vide which the appeal against the order dated 04.08.2021 (P-4) has been dismissed.
2. Brief facts of the case are that respondent No.3, who is 72 years old father of petitioner No.1, had filed an application (Annexure P- 1) under the Maintenance and Welfare of Parents & Senior Citizens Act, 2007 (hereinafter referred to as "Act of 2007") for directing the petitioners to hand over the physical possession of the house in question. In the said application, it was stated by respondent No.3 that he is a senior citizen and is also an Indian Air Force Veteran. In paragraph 3 of the said application, it was specifically stated that he is the owner of the property in question. It was further averred that the petitioners have
The court affirmed the authority of the Tribunal under the Senior Citizens Act to order eviction for the protection of senior citizens, rejecting claims of joint ownership and family settlement.
The Senior Citizens Act, 2007 allows for eviction of children from the property of senior citizens to ensure their maintenance and protection.
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....
The Senior Citizens Act empowers senior citizens to seek eviction for their protection, even if there are ongoing civil proceedings regarding property ownership.
The Maintenance and Welfare of Parents and Senior Citizens Act enables eviction of children from a parent's self-acquired property when there are credible allegations of harassment, emphasizing the p....
The Maintenance and Welfare of Parents and Senior Citizens Act permits eviction of children from parental property if their presence poses a threat to the safety and dignity of senior citizens, refle....
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 permits eviction of children from self-acquired property of parents when allegations of abuse justify such action to ensure their ....
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