Supreme Court Upholds Rights of Senior Citizens: Neglectful Children Can Be Evicted from Parents’ Property
Supreme Court Upholds Rights of Senior Citizens: Neglectful Children Can Be Evicted from Parents’ Property
The Supreme Court has strengthened legal safeguards for elderly parents, ruling that children who neglect them can be evicted from properties owned by the parents. The judgment reinforces the powers of the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, ensuring that senior citizens are protected from harassment and neglect.
The case involved 80-year-old Kamalkant Mishra and his 78-year-old wife, who had purchased two homes in Mumbai. After moving temporarily to Uttar Pradesh, the couple found themselves barred from entering their own property when their son took over the premises.
In July 2023, the Mishras approached the Maintenance Tribunal, which ordered their son to vacate the house and pay them ₹3,000 per month in maintenance. However, the son challenged the order in the High Court, arguing that at 59 years old, he was himself a senior citizen and could not be evicted. The High Court sided with him and overturned the eviction order.
On appeal, the Supreme Court reversed the High Court’s ruling, making it clear that the Tribunal has the authority to remove children from a parent’s property if they neglect or harass them. The Court emphasized that the Senior Citizens Act was enacted to protect elderly parents’ dignity and welfare, and must be applied in their favor.
“The tribunal is empowered to pass eviction orders against children who are financially able but refuse to care for their parents,” the bench observed, adding that allowing children to occupy their parents’ homes while excluding the parents defeats the very purpose of the Act.
This landmark decision reaffirms that respect and responsibility toward parents are not only moral obligations but also legal duties. Neglecting elderly parents can now result in eviction and financial liability.
