Senior Citizens need not show illegal treatment to seek eviction of the legal heirs from the property, says Delhi HC


Delhi High Court held that:

The 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 scope of this Act is not to punish the children and therefore, once it is established that the children have no right over the property of the parents, the fact that the parents do not wish to have their children staying with them is enough for invoking the Act and the Rules”

 A senior citizen is merely to show that his property needs protection and need not necessarily have to show that he/she needs maintenance or has been ill-treated by the son or other legal heir. In any case, nature of possession of the petitioner(s) being that of a licencee and there admittedly being a series of litigations between them and the respondent nos.2 and 3 herein, the order of eviction cannot be faulted.  The learned counsels for the petitioner(s) have further asserted that the property in question could not have been purchased by the respondent no.2 as the respondent no.3 was in government service and for purchase of such property, prior permission of the government is required under CCS Rules, 1964.  The property was purchased in the year 1978. In any case, it is not for the petitioners to challenge the title of the respondent no.2 on this ground. Petition  dismissed.