Senior citizens can evict children, says Haryana & Punjab High Court
An important ruling from the Haryana and Punjab High Court has reaffirmed the rights of senior citizens. The order says that senior citizen parents have the right to get their children to vacate their property even after handing it to them.
The High Court decided this based on a petition was filed by a man in Panchkula. The man claimed that his mother, a senior citizen, was living in the house built by his father. After his father died, the man and his family moved in with the mother. Now the son and his family claim that the house belongs to them, and that they have a right to the house as it was built by his father. The mother alleged that she was being harassed by the son and his family.
The court ruled in favour of the mother.
"The children will have no right to resist the eviction only on the grounds that the law does not contemplate eviction of an occupant. Eviction is only one part of the right to protect the property of a senior citizen, which could be exercised by a senior citizen in terms of provisions of the statute, rules framed and the action plan notified" - Punjab & Haryana High Court
The man had earlier approached a local court saying that the property was under dispute, but the deputy commissioner had ordered him to evict in 30 days. That is when he went to the High Court.