The Supreme Court has dismissed a petition filed by a man seeking to challenge his eviction from his elderly father’s residence, strongly backing the rights of senior citizens to live peacefully in their own homes under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
During a brief hearing, the court expressed disapproval of the son’s legal battle against his father, questioning his conduct and declining to interfere with earlier orders directing him to vacate the property.
Supreme Court’s Sharp Remarks
A bench comprising Justices Vikram Nath and V. Mohana dismissed the Special Leave Petition (SLP) filed against a Rajasthan High Court judgment that had upheld the eviction order.
“What kind of a son are you? Fighting with your own father? It’s very unfortunate. Go and take care of your father. Let him live in peace for whatever remainder period of his life,” Justice Nath remarked during the hearing.
When the petitioner’s counsel argued that his client also had rights over the disputed property, the bench remained unconvinced and refused to intervene.
Dispute Over Rajasthan Property
The case involved a residential property in Bilara, Rajasthan.
The petitioner argued that the house was ancestral and formed part of an undivided family property. According to him, the property had originally been purchased in 1986 in the name of his grandmother and, after her death, devolved upon multiple legal heirs.
On that basis, he claimed co-ownership and coparcenary rights over the property and contended that it could not be treated as the exclusive property of his father.
The son also stated that he had been living in the house for years with his wife and two children and that eviction would deprive the family of its only residence.
Father Sought Protection Under Senior Citizens Act
The dispute reached legal authorities after the father approached the Maintenance Tribunal in Bilara, alleging harassment by his son and seeking relief under the Senior Citizens Act.
The tribunal ruled in the father’s favour in February 2024 and directed the son to vacate the premises.
That decision was subsequently upheld by both a Single Judge and a Division Bench of the Rajasthan High Court.
Son Raised Property Rights Concerns
Before the Supreme Court, the petitioner argued that proceedings under the Senior Citizens Act should not be used to resolve complex disputes involving ownership, inheritance and title.
He contended that such issues ought to be decided by a civil court after a full examination of evidence rather than through summary proceedings before a maintenance tribunal.
The petition also highlighted the impact of the eviction on his wife and children and questioned whether an alleged co-owner could be removed without a comprehensive adjudication of property rights.
Court Finds No Reason to Interfere
The Supreme Court, however, found no grounds to disturb the findings of the tribunal or the Rajasthan High Court.
By dismissing the petition, the apex court effectively affirmed the eviction order and reinforced the protection available to senior citizens seeking relief from harassment or interference within their homes.
The ruling underscores the judiciary’s continued emphasis on safeguarding the dignity, security and peaceful living conditions of elderly parents under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
