Forums Under Senior Citizens Act Can't Decide Question Of Property Title: Delhi High Court

The Delhi High Court has ruled that the forums under the Senior Citizens Act cannot decide question of title of properties.

“A reading of the Act makes it clear that the forum under the Act do not have the jurisdiction to decide the title of the property and the purpose of the Act is maintenance of the Senior Citizen and to ensure their welfare. The question of title, therefore, cannot be decided by forums under the Senior Citizens Act,” Justice Subramonium Prasad said.

The court made the observations while rejecting a plea moved by a daughter in law challenging the order passed by the District Magistrate dismissing their appeal against the interim order granting protection to the mother in law.

The daughter in law claimed the property which was bequeathed in favour of her deceased husband. The senior citizen mother in law claimed title over the property on the ground of a sale deed executed by the son in her favour.

Vide the impugned order, the District Magistrate rejected the daughter in law's appeal on the ground that the forum under the Senior Citizens Act do not have jurisdiction to entertain an application under Rule 22 of the Rules if there are disputes regarding title of the property from which eviction is sought.

Rejecting the plea, the court said that though question of title was under dispute in the case but it did not mean that the senior citizen cannot approach the forum under the statute till the time it is not decided finally if she has more rights in the property.

“The Appellate Authority has protected the interest of the Petitioner inasmuch as it has directed the Magistrate to proceed afresh in the matter. This Court is in conformity with the decision taken by the Appellate Authority,” the court said.

Title: MANJU TOKAS & ANR v. GNCT OF DELHI THROUGH DIVISIONAL COMMISSIONER & ORS.

Citation: 2024 LiveLaw (Del) 647

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