The Nagpur bench of the Bombay High Court has ruled that a senior citizen, who receives both a regular pension and a family pension from his deceased wife, cannot use the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to evict his son from their property. This decision underscores the legal limitations faced by elderly individuals in property disputes involving family members.
The petitioner had approached the sub-divisional officer under Section 5 of the Act, following disputes with his son and daughter-in-law. His maintenance application was rejected on Nov 18, 2021. The district magistrate, acting as appellate authority, dismissed his appeal on Aug 17, 2022, prompting the high court challenge. Section 4, the court said, entitles a senior citizen to seek maintenance when he or she is ‘unable to maintain himself from his own earning or out of the property owned by him’. On Aug 20, 2026, the son had offered to allow his father to occupy the ground floor while he and his wife shifted to the first floor, but the petitioner rejected the proposal.
“It, therefore, follows as a necessary corollary that a person like the petitioner would not fall within the meaning of Section 4 of the Act of 2007,” it held. The judge noted the legislation was enacted to provide need-based maintenance and mechanisms for protecting the life and property of older persons. The court noted that the senior citizen was receiving both a regular pension and the family pension of his deceased wife, who had been a govt employee. The court also recorded that mediation between the parties had failed.
The central issue before the HC was whether the petitioner could invoke the Act when he was financially capable of maintaining himself.