Asik SyedIn a recent case, the Supreme Court of India declined a petition filed by an elderly couple who sought to evict their son from their residence. They had invoked the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a legislation that aims to safeguard the rights and welfare of elderly individuals in India.
This judgment has sparked discussions on the delicate balance between parental rights and family law, especially concerning property and care obligations within families.
Key Features of the Senior Citizens Act, 2007
- Definition of ‘Parents’: The Act includes biological, adoptive, and step-parents under its ambit.
- Mandatory Maintenance: It places a legal obligation on adult children or legal heirs to provide monthly financial support to their parents.
- Protection of Life and Property: The legislation goes beyond financial aid, ensuring protection of the life and property of senior citizens.
- Tribunals for Quick Redressal: Special tribunals are established to handle maintenance-related claims, offering a speedy and less formal legal process.
- Criminal Liability: Abandoning a senior citizen is treated as a criminal offence.
- Role of State Governments:
- Must set up at least one old-age home per district.
- Are responsible for ensuring adequate medical facilities for the elderly.
Spotlight on Section 23: Property Transfers & Legal Remedies
Section 23 is particularly significant in cases involving property transfer with conditions:
- If a senior citizen transfers property (e.g., via gift or will) on the condition of being cared for, and that condition is not honored, the transfer is deemed to have been made through fraud or undue influence.
- In such cases, the tribunal can declare the transfer void.
- Even after transferring property, the right to maintenance remains intact, especially if the new owner is aware of the obligation.
Supreme Court’s Interpretation: Power to Evict
In its verdict, the Supreme Court clarified the scope of powers under Section 23(2). The Court held that:
- Maintenance tribunals can order eviction of children or legal heirs if it is essential for the senior citizen’s well-being.
- The power to evict is implied within the Act, particularly when there’s a violation of care obligations.
- However, eviction orders are not automatic—tribunals must weigh all competing interests and facts before passing such orders.
Neha Baruah
