Senior Citizens Act Doesn't Mandate Eviction Of Children From Parents' Home In Every Case : Supreme Court Rejects Mother's Plea To Evict Son
The Court observed that it was not necessary and mandatory to pass an eviction order in every case under the Senior Act.;
Mar 28, 2025, 10:29 IST
Noting that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (“2007 Act”), ensures maintenance for elderly parents but does not explicitly permit eviction, the Supreme Court (March 27) dismissed an elderly mother's plea to evict her son from their ancestral home following a strained relationship.
The Court clarified that the 2007 Act does not mandate the automatic eviction of children from parental property; eviction orders can only be passed in exceptional cases to safeguard the senior citizen's well-being.
The provisions of the Senior Citizens Act, nowhere specifically provides for drawing proceedings for eviction of persons from any premises owned or belonging to such a senior person.”, observed the bench comprising Justices Pankaj Mithal and SVN Bhatti. The Court noted that as per the Act, the Tribunal can provide for the monthly maintenance and expenses, and in case of default, it can issue a warrant to levy fines and even sentence the defaulter to imprisonment for a term which may extend to one month.
The Court said that it was because of the judgment in S. Vanitha vs. Commissioner, Bengaluru Urban District & Ors. (2021) that the Tribunals got jurisdiction to pass eviction orders. It was held there that the Tribunal under the Senior Citizens Act may also order eviction if it is necessary and expedient to ensure the protection of the senior citizens. This was followed by the judgment in Urmila Dixit vs. Sunil Sharan Dixit & Ors. (2025) which held that Tribunal 'may' order eviction.
The Court heard the case where the Appellants-elderly parents were directed to be paid the monthly maintenance by their two sons by the family court.
However, the Appellant's husband initiated a proceeding under the 2007 Act for his son's eviction from the ancestral house, where the son was operating a utensils shop at one portion of the same house, citing his ill-treatment towards his father, and failure to look after the daily needs.
The Tribunal upheld the family court's direction to pay maintenance to the elderly parents, however instead of directing the eviction of the son, it directed him to not encroach upon any part of the house without the permission of his parents except the shop in which he is carrying utensil business and the room with a bathroom occupied by him in which he resides with his wife and children.
Aggrieved by the Tribunal's decision, the Appellant along with her husband approached the Appellate Tribunal under the 2007 Act which set aside the Tribunal's order and directed the eviction of Appellant's son.