Eviction under Senior Citizens Act invalid when no maintenance sought: Bombay High Court
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be used for summary property disputes.
Maintenance and Welfare of Parents and Senior Citizens Act
“Senior citizens have right to peaceful living”; MP High Court upholds Son-in-Law’s eviction from Father-in-Law’s property
The right to peaceful and secure living environment for father-in-law under Maintenance and Welfare of Parents and Senior Citizens Act outweighed the son-in-law’s legal ownership or adverse possession claims.
Orders passed by tribunals under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 also amenable to challenge under Article 227: Delhi High Court
The orders passed by the tribunals and the judicial acts by administrative bodies or authorities or persons exercising quasi-judicial functions are all amenable to challenge under Article 226 of the Constitution.
Delhi High Court mandates expedited relief in abuse and eviction dispute under Senior Citizen Act
The very word senior citizens should not refer to only the age beyond 60 years but should invite everyone’s attention to the literal meaning of “senior” also, which as per Oxford dictionary refers to the word “senior” as “equivalent to having a high or higher position in a company, organization, etc. and thus, in the society qua the younger generation.
Refusal to maintain senior citizen not a ground for cancellation of Gift or Release deed in absence of specific condition for providing maintenance: SC
“When a senior citizen parts with his or her property by executing a gift or a release or otherwise in favour of his or her near and dear ones, a condition of looking after the senior citizen is not necessarily attached to it.”
Calcutta High Court | ‘Indian values being eroded with adoption of western culture’ – Court orders daughter to pay maintenance and provide accommodation to parents
“…with globalization and with all modern technology we find drastic change in socio economic conditions and Indian values being eroded with adoption of the western culture and western tradition.”
Son not expected to brand his aged father a ‘swindler’ or allege that aged parents have lost mental balance: Bom HC
Bombay High Court: In a matter wherein, the parents sought eviction of their son, Rohit B. Deo, J., expressed that, “In the
Contribution for renovation to father’s self-acquired property a ground to not being evicted ? Here’s what P&H HC opined while deciding on Eviction Order for Son and Daughter-in-law
Punjab and Haryana High Court: Expressing that when the children, who the parents have reared with untold sorrows and miseries, throw them
Ker HC | Court orders Maintenance Tribunal to reconsider the case and elicit truth by inquisitorial approach under MWPSC Act
Kerala High Court: A. Muhamed Mustaque, J. dismissed a petition challenging the order of Appellate Authority under Maintenance and Welfare of Parents
Chh HC | Step-son held duty bound to maintain his step-mother under Maintenance and Welfare of Parents and Senior Citizens Act
Chhattisgarh High Court: Sanjay K. Agarwal, J. imposed costs of Rs 2000 while dismissing a petition filed by a step-son for setting aside
Parents can evict children under the provisions of MWPSC Act, 2007 upon being harassed: Bombay HC
Bombay High Court: A Single Judge Bench comprising of R.D. Dhanuka, J., addressed a petition filed under Article 227 of the Constitution
Senior citizens entitled to institute application seeking eviction of son/ daughter or other legal heir on grounds of ill-treatment or non-maintenance
Delhi High Court: A Division Bench of the Delhi High Court comprising of Siddharth Mridul and Deepa Sharma, JJ., dismissed a Letters