Son Evicted from Parents' Flat; High Court Issues Major Ruling on Property
The Bombay High Court upheld an order evicting a son from a flat in Pune. The Court stated that elderly parents have the full right to live peacefully in and utilize their own property.
The son, who had been living in the flat for years, must now vacate it. Ruling in favor of the parents in the Pune case, the Bombay High Court upheld the eviction order. The Court observed that the elderly have the right to live in their property with peace and dignity. Justice Amit Borkar stated that the elderly cannot be deprived of the use of their property, the right to reside there, or the benefits derived from it in a manner that disrupts their daily lives. The Court also clarified that parents do not need to specifically seek financial assistance to obtain relief; living comfortably in their own property and enjoying its benefits is also considered a form of maintenance.
Son Claimed Rights Over the Property
The son argued in the High Court that he had lived at this address since childhood and that his wife had also moved in after their marriage in 2012. He contended that the property was acquired using ancestral earnings and belonged to the entire family. He further pointed out that his name was listed on the building's occupancy certificate. Family tensions escalated after the parents sold a property in September 2015. Subsequently, the son filed a civil suit claiming a share in the property and lodged a police complaint against his parents and others.
Parents Sought Help from the SDM
The elderly parents sought assistance from the Sub-Divisional Magistrate (SDM) under the 2007 Act, but the SDM rejected their plea in 2019. The parents then appealed against this decision. The Pune Collector allowed their appeal and ordered the son to vacate the property. The parents stated that they were struggling to cover expenses such as rent, medication, and medical treatment. They were facing increasing financial strain because their son was not paying rent.
The High Court observed that the safety of the elderly is not limited merely to parents and children living under the same roof. If a child's occupation of the property interferes with the parents' ability to lead a normal and peaceful life, they are entitled to legal protection. Upholding the Additional Collector's order, the Court directed the son to vacate the flat and hand over possession to his parents within four weeks. However, the Court clarified that this decision would not affect his wife's rights or the ongoing property partition case.
