The Supreme Court of India has addressed the issue of whether senior citizens can evict their children or relatives from their property under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizens Act). The Court has clarified that while the Act primarily ensures maintenance for elderly parents, it does not explicitly grant them the right to evict their offspring or relatives. However, tribunals may order eviction if it is deemed necessary for the protection and maintenance of senior citizens.
In cases involving a daughter-in-law’s right to reside in a shared household, the Supreme Court has ruled that the Senior Citizens Act cannot be used to override protections granted under the Protection of Women from Domestic Violence Act, 2005 (DV Act). Specifically, a woman’s right to reside in a shared household cannot be nullified by an eviction order under the Senior Citizens Act.
Therefore, while senior citizens may seek eviction of their children or relatives under certain circumstances, such orders are not automatic and must be carefully balanced against the rights of other occupants, particularly women protected under the DV
By BHARAT GLOBAL TIME
