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On Friday, hearing the appeal filed against the order of a Single Judge Bench of the High Court, the court has ordered the appellant and his brother to vacate the premises on the grounds of harassing and ill-treating their parents, that is registered in the name of their parents. Cases of eviction of legal heirs who harass their parents are not new. Hearing one of the same kind of petition in the Delhi High Court, the division bench comprising of Chief Justice Rajendra Menon and Justice V Kameswar Rao upheld the order given by the single judge bench of the court.
As per the Maintenance Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, parents have the right to evict their legal heirs from their self-acquired property as well as ancestral property if they are ill-treated by them (legal heirs).
According to Section 23 of the Act, the act provides for the transfer of property by a senior citizen with an intent that the transferee (legal heirs) will be providing senior citizens or his parents with all the basic amenities and will keep them with proper care and concern. In case the transferee fails to fulfil his obligations towards his parents, or if he refuses to comply with the rules, in such cases the transfer of such property can be declared void by the tribunal.
In order to maintain the welfare and protection of senior citizens, there are such laws which are helping them in preserving their interest. The tribunal provides with the right to vacate their children from the property on which the senior citizens holds the right of possession.
In today’s scenario, we are witnessing more old age homes than that of any educational institutions. There is a rapid change in the society, to some extent which is also not correct. With the changing needs and development, the society should change, but not in the way that starts harming the weaker sections of the society.
The Indian Judiciary and laws are really helping the weaker sections of the society by preserving their rights. The court in the present matter rejected the plea of the appellant and stated that in the absence of a claim for maintenance by the parents, the petition would not be maintainable if the parents were mistreated, or abused by the children.
Hence, maintenance powers are also granted to the tribunals to evict the legal heirs on the ground of ill-treatment of parents.
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