Bombay High Court Orders Man and His Wife to Return Flat to 88-Year-Old Mother
In a recent decision, the Bombay High Court upheld an order issued by the Senior Citizens Welfare Tribunal, directing a man and his wife to vacate a flat and hand it over to the man’s 88-year-old mother.
The case involved a family property dispute where the elderly mother approached the tribunal for relief. The Court reviewed the facts and confirmed that the couple did not have any legal right over the flat in question. The judgment was based on a family settlement deed, which clearly showed the ownership belonged to the mother.
The High Court also highlighted that the petitioners had other residential properties and were not being rendered homeless by this order. Therefore, the couple cannot claim hardship in vacating the flat.
“It is not a case where the petitioners will be left without shelter. Records show they own other flats too,” the Court observed.
This ruling reinforces the rights of senior citizens under the Maintenance and Welfare of Parents and Senior Citizens Act, which empowers elderly individuals to claim their rightful property and seek protection against neglect or mistreatment by family members.
The Court’s decision is a significant step toward protecting the dignity and property rights of the elderly, ensuring they are not deprived of their homes by their own children or in-laws.
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