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Senior Citizens Need Not Show Ill Treatment To Seek Eviction Of Children From Their Property
In the case of Sandeep Gulati v. Divisional Commissioner, Office of the Secretary-cum-Divisional Commissioner, Dept. of Revenue, Government of NCT of Delhi & Ors., the Single Bench of the High Court of Delhi comprising of Justice Navin Chawla while interpreting the social welfare law for senior citizens observed that scope of the proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act of 2007 and the Rules is to grant protection to the parents, including with respect to their property.
The facts of the case are as follows:
(i) The petition was moved by the son and the grandson of the Respondents, challenging the eviction order dated 20/02/20 passed by by the Appellate Tribunal under the provisions of the Delhi Maintenance and Welfare of Parents and Senior Citizens, Rules, 2009.
(ii) The Petitioner argued that the suit property does not belong exclusively to the Respondents but is a Hindu Undivided Family (HUF) property, wherein the Petitioner also has a share being a co-parcenar.
(iii) The Petitioner also argued that there's no proof of ill treatment of the Respondents by the Petitioner.
The Court in rejecting the Petitioner's claim relied upon its previous judgment in Smt. Darshana v. GNCTD, wherein it was held that it is apparent from the plain language of Rule 22(3)(1)(i) that a senior citizen is also entitled to evict his son, daughter or legal heir from his property irrespective of whether it is an ancestral or self-acquired property.
The Court while examining the second claim of the Petitioner noted that the Respondents had initiated various civil and criminal proceedings against the former.
Further, the Court considered its various other judgments to hold that a senior citizen is merely to show that his property needs protection and need not necessarily have to show that he or she needs maintenance or has been ill-treated by the son or other legal heir.
In conclusion, Delhi High Court held that senior citizens, who seek eviction of their sons or legal heirs from their property, need not necessarily have to show that they need maintenance or that they have been ill treated by their heirs.
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