Supreme Court Rules: Neglectful Adult Children Can Be Evicted by Parents

The Supreme Court of India has made a landmark ruling, stating that elderly parents can legally evict their adult children from their property if they fail to provide care. This decision comes under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which aims to ensure the care and protection of senior citizens.

The case involved an 80-year-old man and his 78-year-old wife who sought to evict their eldest son from their property in Mumbai. The parents had moved to Uttar Pradesh, but their son had taken control of their properties and denied them access. The Supreme Court upheld the parents' right to evict their son, emphasizing the statutory obligations that children owe to their elderly parents.

A Bench of Justices Vikram Nath and Sandeep Mehta highlighted the importance of the 2007 Act in addressing the plight of senior citizens. They stated, “The provisions of the Act must be interpreted in a way that promotes its welfare objective, reinforcing the law’s purpose of safeguarding the interests of elderly citizens.”

The Court cited earlier legal precedents, reaffirming that Maintenance Tribunals have the authority to order the eviction of a child or relative when they fail to discharge their obligations towards senior citizens. This ruling strengthens the rights of senior citizens and reinforces the powers of Maintenance Tribunals.

In June, a Tribunal recognized the parents’ grievances as valid and ordered the son to pay maintenance of Rs 3,000 per month while vacating the property. The Appellate Authority upheld this decision. However, the Bombay High Court overruled the eviction order, stating that the Tribunal did not have jurisdiction because the son also qualified as a senior citizen under the Act.

The Supreme Court found this reasoning “erroneous” and overturned the High Court’s ruling. The Court noted that the son was 59 years old at the time the application was filed and therefore “he could not be treated as a senior citizen.”

Dismissing the writ petition filed by the son, the Supreme Court has granted him two weeks to submit an undertaking to vacate the premises “on or before November 30, 2025.” This ruling ensures that elderly parents can seek legal remedies against neglectful children and secure both care and access to their rightful property.

This decision is a significant step in protecting the rights of senior citizens and ensuring that they receive the care and respect they deserve. It sets a precedent that neglecting elderly parents can have legal consequences, including eviction from their property.

For more information on the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and other legal updates, stay tuned for further reports.