Case - 1
Whether the elderly parents have the right to evict their own children from their (the elderly's) home if the elderly feel they need exclusive possession of their own property.
Eviction orders against uncaring children
Dattatrey-Shivaji-Mane-v.-Lilabai-Shivaji-Mane-ors. (2018)
In a case decided by the Bombay High Court the Court has given relief to the elderly mother who could no longer live with her own son and his family. While seeking maintenance, the mother had sought to evict her son and his family along with the grandchildren. The court decided in her favour.
In this case, the Bombay High Court held that a senior citizen including parent who is unable to maintain himself from his earning or out of property owned by him and if such senior citizen is unable to lead a normal life can apply for eviction not only against his children but also the grandchildren.
In the case, the mother had filed a complaint against her son – praying for maintenance and eviction of the son on various grounds. The Tribunal passed an order directing the son and his other family members to evict themselves from the mother’s property. It is relevant to mention here that the property exclusively belonged to the mother.
In turn the son instituted writ petition before the High Court of Bombay claiming that he had been taking care of the mother for many years. Thus the Tribunal had no basis to pass the eviction order.
The Bombay High Court disagreed. It said that the mother could not be restrained from recovering exclusive possession from her son or his other family members for the purpose of generating income from the said premises or to lead a normal life.
Read the full Judgement click 