Senior Citizens have their right to property if I’ll treated by their sons or legal heirs
SANDEEP GULATI Vs. DIVISIONAL COMMISSIONER, OFFICE OF THE SECREATRY, DEPARTMENT OF REVENUE, GOVT. OF NCT OF DELHI AND ORS.W.P.(C) 2761/2020
Case Analysis
Interpreting the social welfare law for senior citizens, the Single Bench of Navin Chawla noted that scope of the proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as also the Rules is to grant protection to the parents, including with respect to their property.
The court stated that although the purpose of this Act is not to punish children, the fact that the parents do not want their children to live with them is sufficient justification for invoking the Act and the Rules after it is determined that the children have no claim to the property of the parents.
The court cited its earlier decision in Smt. Darshana v. GNCTD, where it was determined that Rule 22(3)(1)(i )’s language makes it clear that a senior citizen is also entitled to evict his son, daughter, or other legal heir from his property, regardless of whether it was inherited or self-acquired.
The court noted that the Respondents had initiated a number of civil and criminal processes against the Petitioner while reviewing his second claim
No parent is expected to bring such actions against their own children only out of anger or from any ill intentions, the court stated.
In the end, the court noted its numerous earlier rulings and held that a senior citizen need only show that his property needs to be protected and is not required to show that he or she need maintenance or has been mistreated by the son or other legal heir.
Written by RISHAV RAJ, 3RD SEMESTER, BBA LL.B ,RNB GLOBAL UNIVERSITY
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