Bombay High Court Orders Man and Wife to Hand Over Flat to 88-Year-Old Mother
The Bombay High Court recently upheld a Senior Citizens Welfare Tribunal order directing a man and his wife to vacate a flat and hand it over to the man’s 88-year-old mother. The court determined that the couple had no independent rights to the property and could reside in other available flats.
According to the family settlement deed, the entire estate of the late Shri Gamanlal Mehta, including all properties, was to be transferred to his widow, the respondent. The court found no documentation proving the petitioners had independent rights to the disputed flat.
The elderly mother also requested monthly maintenance due to her health issues and was initially awarded ₹25,000 per month by the tribunal. However, the court adjusted this amount to ₹10,000, the maximum allowed under the relevant Act.
“If the petitioners are not maintaining respondent no.3-mother and are causing her emotional distress, the Act’s purpose would be defeated. Thus, we uphold the Tribunal’s maintenance order,” the court stated.
The case, Hemant Gamanlal Mehta and Anr. vs The State of Maharashtra and Ors., underscores the court’s commitment to protecting senior citizens’ rights and ensuring their welfare.
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