One of the most painful situations in family law is when elderly parents are forced to live in fear or hardship in their own home because their children — on whom they once depended — have turned hostile or exploitative. The law provides a remedy, and the Hon'ble Supreme Court has now clearly affirmed it: tribunals constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 have the power to order the eviction of children from a senior citizen's property when such eviction is necessary to ensure the parent's maintenance, protection, and dignity.
What Happened
An elderly father approached the tribunal under the Senior Citizens Act seeking eviction of his son and daughter-in-law from his self-acquired property. The tribunal allowed the application and directed eviction. The Allahabad High Court overturned this order — holding that the tribunal lacked the power to order eviction. The Supreme Court set aside the High Court's order and restored the tribunal's direction, unequivocally holding that eviction power exists and is necessary for the Act to function meaningfully.
What the Law Says — The Senior Citizens Act, 2007
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 creates a summary and fast-track mechanism for senior citizens to seek maintenance from their children and to protect themselves from abuse and neglect. The key provisions relevant here:
- Section 4: A senior citizen or parent can apply to the tribunal for maintenance from their children or relatives.
- Section 23: Where a senior citizen has transferred property to a child or relative subject to a condition that they will be maintained, and that condition is not fulfilled, the transfer can be declared void. Any such transfer made under undue influence, fraud, or without full understanding can also be set aside.
- Eviction power: The Court held that the power to evict flows naturally from the tribunal's authority to ensure maintenance and protection — a tribunal that cannot enforce its orders by directing eviction where necessary would be toothless.
The Act's purpose is to protect senior citizens from neglect and abuse. Where a child's continued presence in the parent's property — whether owned by the parent or transferred to the child — is causing the parent hardship, distress, or preventing their maintenance and protection, the tribunal can and must direct eviction. The High Court's narrow reading of the tribunal's powers was incorrect.
What Senior Citizens and Families Must Know
If you are a senior citizen being harassed, neglected, or physically harmed by your children in your own home — you can file an application before the Sub-Divisional Magistrate (SDM) who acts as the Maintenance Tribunal under the Act. The process is summary, fast, and inexpensive.
You can seek: monthly maintenance from children who are neglecting you; eviction of a child from your property; cancellation of a property transfer made under pressure or fraud; and protection orders preventing a child from entering your home.
In Rajasthan, the Rajasthan Maintenance and Welfare of Parents and Senior Citizens Rules govern procedure. The SDM at the subdivision where you reside is the first forum. Appeals go to the District Magistrate and thereafter to the High Court.
If a property was transferred to a child on the understanding that they would look after you — and they are not — Section 23 of the Act allows you to have that transfer declared void and the property returned to you.
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