Delhi HC Ruling: Parents Of Abusive Adults Can Evict Them From All Types Of Property

Delhi HC Ruling: Parents Of Abusive Adults Can Evict Them From All Types Of Property

Delhi HC Ruling: Parents Of Abusive Adults Can Evict Them From All Types Of Property
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The Delhi High Court (HC) ruled that elderly parents of abusive adults could now evict their children and legal heirs from any type of the property they own, under the law that protects the senior citizens. This means that the parents, being ill-treated or harassed by their adult children or legal heirs, can evict them from their property. So, any sort of misdeed against your parents could have long-term financial and legal implications, landing you in trouble.

This decision has been taken by various high courts across the country in cases where the elderly have moved courts to evict their children from their home. These children claimed that they had a legal right over the property and cannot be eliminated. However, according to the HC, under the Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2017, the term ‘self-acquired property’ has been deleted from the law.

According to the new rules, the elderly could file an application for the eviction of their child or legal heir on the basis of non-maintenance and ill-treatment.

Legally speaking

According to a ruling by the Delhi HC, the type of the property doesn’t matter if the ill-treated parent wants to evict their abusive child. It doesn't matter hereon if the property is movable or immovable, ancestral, self-acquired and tangible or intangible. The law is therefore clearly favouring neglected and harassed parents.

In October this year, the Bombay HC ruled against the daughter-in-law of an elderly couple in Bandra, and was asked to move out of the house. The woman was allegedly harassing her parents-in-law. A Delhi city court had also ruled in favour of parents, who were being beaten and abused for years. The city court asked the son and his wife to vacate the house.

In February 2018, a similar case came into light, where the Punjab and Haryana HC ruled in favour of the senior citizens allowing them to evict their children from their property. The court was hearing a petition filed by a Panchkula-based man contesting the order of the deputy commissioner on his eviction from his parents’ house. He also claimed that under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, he cannot be evicted. “Once a senior citizen makes a complaint to the district magistrate against the children for the vacation of premises, such summary procedure will ensure the benefit of the parents. The children will have no right to resist the eviction only on the grounds that the law does not contemplate eviction of an occupant,” the HC ruled.

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