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The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 does not create a special forum for deciding title disputes or declaring conveyance deeds void merely because the dispute involves a senior citizen. The Court reiterated that property disputes falling outside the limited scope of Section 23 must be adjudicated before the competent civil court.
With the Winter Session in motion, Rajya Sabha saw the introduction of major amendment bills spanning the Constitution, Representation of the People Act, and Data Protection laws.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be used for summary property disputes.
“A purposive interpretation should be given to the word ‘children’ defined under the Senior Citizens Act, 2007, especially when the definition of ‘children’ starts with the word ‘includes’ son, daughter, etc., and therefore, a petition under the provisions of the Act would lie against the daughter-in-law also.”
“A Mother executing gift of her residential bungalow in favour of her son is bound to expect that the son would let her reside in that bungalow.”
Senior Citizens have every right to protect themselves and in case of ill-treatment and abuse by their children/ legal heirs, can approach the Maintenance Tribunal for their eviction from their property of any kind, which includes both Ancestral as well as Self Acquired Property.
Delhi High Court: In a case filed by the petitioners challenging the vires of Section 17 of the Maintenance and