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SC Ruling on Senior Citizens Act

Recently, the Supreme Court rejected a plea by a senior couple who wanted to evict their son from their home under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Act mainly provides a legal process for senior citizens to seek financial and physical support from their children/legal heirs. The court’s decision brought into light the balance between parental rights and the legal protections afforded to family members.

The Senior Citizens Act

  • The term ‘parents’ includes biological, adoptive, or step-parents.
  • The Act makes it legally mandatory for adult children or legal heirs to give monthly maintenance to their parents.
  • It also includes protection of the life and property of senior citizens.
  • The Act establishes special tribunals to adjudicate maintenance claims, ensuring a streamlined process for senior citizens.
  • Abandoning a senior citizen is considered a criminal offence under this Act.
  • State governments are required to:
  • Set up at least one old age home per district.
  • Provide adequate medical facilities for senior citizens.

    • Section 23 of the Act

  • If a senior citizen transfers or gifts property under the condition that the receiver will provide care, but the receiver fails to do so:
  • The transfer is considered made by fraud or undue influence.
  • The property transfer can be declared void by the tribunal.
  • The right to maintenance continues even after the estate is transferred, provided the new owner is aware of it.

    • Supreme Court’s Interpretation

    In a landmark decision, the Supreme Court clarified that tribunals under the Senior Citizens Act can order eviction of children or relatives if necessary for the senior citizen’s maintenance and protection. The court asserted that the power to evict is implicit in Section 23(2), especially when there is a breach of the obligation to maintain the elderly. However, the eviction is not automatic — tribunals must balance competing claims before passing such an order.

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