Bombay High Court Orders Couple to Vacate Flat for 88-Year-Old Mother
The Bombay High Court has upheld a Senior Citizens Welfare Tribunal’s order instructing a man and his wife to vacate a flat and hand it over to the man’s 88-year-old mother. The Court ruled that the elderly mother has the rightful claim to the property and that the couple has other residences to stay in.
The case revolved around a family settlement deed, which clearly stated that the late Shri Gamanlal Mehta’s entire estate, including the flat, was transferred to his widow (the mother). The Court noted that there was no evidence suggesting the couple had any independent rights to the flat.
Family Settlement and Maintenance
According to the settlement deed, all movable and immovable properties of Shri Gamanlal Mehta were to be transferred to his widow as her absolute property. The Court ruled that the flat belonged solely to the mother.
The elderly woman had also requested monthly maintenance due to her health issues. Initially, the tribunal awarded her ₹25,000 per month. However, the High Court modified the amount to ₹10,000, which is the maximum allowed under the Maintenance and Welfare of Parents and Senior Citizens Act.
Court’s Observations
The Court remarked that the purpose of the Act would be defeated if children failed to support their elderly parents and caused emotional distress. It added that the Tribunal’s decision was justified in ordering maintenance and transferring the flat to the mother.
Case Title
Hemant Gamanlal Mehta and Anr. vs. The State of Maharashtra and Ors.
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