The Bombay High Court recently upheld an order from the Senior Citizens Welfare Tribunal that requires a man and his wife to vacate their flat and hand it over to the man’s 88-year-old mother. The court ruled that the couple did not have any independent rights to the property and confirmed that they owned additional flats.
The court’s decision was based on a family settlement deed, which stated that the entire estate of the late Shri Gamanlal Mehta, including all movable and immovable property, was to be transferred to his widow. The court found no evidence showing that the petitioners (the son and his wife) had any legal rights to the flat in question.
The elderly mother had also requested monthly maintenance due to her health issues, and the tribunal initially awarded her ₹25,000 per month. However, the court reduced the amount to ₹10,000, which is the maximum allowed under the Senior Citizens Act.
The court emphasized that if the couple was not taking care of the elderly mother and causing her emotional distress, the purpose of the Senior Citizens Act would be defeated. Therefore, the court found no fault in the tribunal’s decision to grant her maintenance.
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