[Senior Citizens Act] Bombay High Court Upholds Eviction Of Siblings From Dead Father's Property For Ill-Treating Stepmother

The Bombay High Court recently upheld the eviction of two individuals who allegedly mistreated their stepmother from their deceased father's house observing that the elderly stepmother needs comfort and peace in the evening of her life.

Justice RG Avachat upheld the order of the tribunal constituted under section 7 of the Maintenance And Welfare of Parents And Senior Citizens Act, 2007 directing the petitioners to vacate the premises.

"Respondent No.3 (stepmother), being in the evening of her life, does need comfort and peace. The relations between the Petitioners and her were strained. She being the stepmother of the Petitioners, there is no likelihood of all of them residing together peacefully in a disputed premises. In the facts and circumstances of the case, the tribunal was, therefore, justified to pass the order directing the Petitioners to vacate the dispute premises and handover its possession to Respondent No.3."

The petitioners' father passed away in 2014. According to their stepmother, they ill-treated her after the demise of their father. The petitioners claimed that their stepmother ill-treated them and hence they took shelter with their maternal grandmother. When their grandmother passed away, they came back to the disputed premises. The petitioners contended that they inherited right on the disputed premises and hence they cannot be evicted.

The tribunal ordered their eviction from the disputed premises. Hence the present writ petition.

The petitioners contended that the tribunal only has jurisdiction to grant maintenance in terms of money. It doesn't have any jurisdiction to pass any other order, including the impugned order. 

The court noted that the disputed premises are currently vacant, and the stepmother is residing at her sister's house. She is of over 65 years of age and being one of the Class 1 heirs of her husband, she is entitled to reside in the disputed premises, the court said.

The court said that purpose of the 2007 Act is to provide aging parents a simple, inexpensive and speedy process to claim maintenance.

Section 2(b) of the Act defines the term “maintenance” to include for food, clothing, residence and medical attendance and treatment. Under section 2(d), includes step parents under the definition of parents.

"It is true that the tribunal has jurisdiction to grant maintenance allowance not exceeding Rs.10,000/- per month. Section 5 of the Act of 2007 speaks of application for maintenance. If one goes by the definition of the term maintenance, it includes a provision for residence", the court observed.

The court noted that the relations between the petitioners and their stepmother are strained and there is no likelihood of all of them residing together peacefully in a disputed premises.

Thus, the court upheld the tribunal's order directing the petitioners to vacate the disputed premises and hand over its position to their step mother.

However, considering the petitioner's rights as the heirs of their father, the court directed their stepmother to not create any third-party interest in respect of the disputed premises which would be prejudicial to the right, title, and interest of the petitioners.

Case no: Criminal Writ Petition No. 4970 of 2019.

Citation: 2023 LiveLaw (Bom) 123

Case Title: Mayur Vaijanath Tawde & Anr. v. State of Maharashtra & Ors.

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