Mumbai Court Orders Son to Evict Father's Flat in Senior Citizen Rights Case

In a significant ruling aimed at safeguarding the rights of senior citizens, the Maintenance Tribunal in Mumbai’s western suburbs has directed the eviction of an adult son from a flat owned by his 69-year-old father. The court has also ordered the son to pay a monthly maintenance of Rs 5,000 to the senior citizen.

According to available information, the case pertains to Kandivali West, where the 69-year-old father alleged that his son had forcibly taken possession of his self-owned flat and ousted him from the property. The victim not only filed a complaint with the police regarding the matter but also approached the tribunal court seeking relief.

In January, the court passed an order directing that the flat be handed over to the victim. However, as the accused son failed to vacate the premises despite the court’s directive, further instructions were issued to the police to take necessary action and ensure that possession of the flat was handed back to the victim.

The case was heard by the Court of the Presiding Officer, Parents and Senior Citizens Maintenance Tribunal and Sub-Divisional Officer, Bandra (East), under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act 2007.

According to sources and the tribunal order, the 69-year-old victim, owner of a residential flat in Kandivali (West), had approached the authority alleging harassment, illegal occupation of his property, and financial distress by his son. The senior citizen stated that he was unable to sustain himself due to lack of income and mounting medical expenses, while also claiming that his son had forcibly occupied the flat and disrupted his peaceful living.

The victim further alleged past instances of threats, intimidation, and disputes within the family, including complaints made to the police and ongoing civil litigation related to the property.

On the other hand, the accused son denied the allegations before the court, claiming he had not prevented his father from residing in the house and that the possession of the property was within his rights. He also raised counter-allegations regarding family disputes and harassment.

After examining documents, police complaints, and submissions from both parties, the tribunal observed that the flat was legally owned by the senior citizen and that his right to live peacefully had been affected.

Citing provisions of the Senior Citizens Act, the tribunal emphasised that children are legally obligated to ensure not just basic survival, but a dignified and peaceful life for their parents, including emotional and physical well-being.

Key Directions by the Tribunal

The respondent has been ordered to vacate the Kandivali flat within 30 days and hand over peaceful possession to the victim. The court also directed that a monthly maintenance of Rs 5,000 is to be paid to the senior citizen. The local police have been directed to assist in enforcing the order if required.

Police said, “Following the court’s directions, we handed over possession of the flat to the senior citizen last month. He has now taken charge of the premises and is currently residing there,” said an officer from Kandivali police station.

This ruling sets a precedent for the protection of senior citizens' rights and underscores the legal and moral responsibilities of children towards their parents. It reinforces the need for a supportive and respectful environment for the elderly, ensuring they can live their golden years with dignity and peace.