Senior Citizens' Right to Evict Adult Children Upheld by Bombay High Court
Landmark Ruling Affirms Parents' Authority over Self-Owned Property under Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Story:
In a significant judgment passed by the Bombay High Court, Justice Kamal Khata has upheld the rights of senior citizens to evict their adult children from their self-owned properties if the children fail to maintain them or act against their wishes. The decision came in the case of Lovkesh Kumar Satyanarayan Mishra and others versus Satyanarayan Ramadhar Mishra and others, adjudicated on July 22, 2025.
The case involved a writ petition filed by Lovkesh Kumar Satyanarayan Mishra and his wife, challenging an order from the Parents and Senior Citizens Subsistence and Tribunal, which directed them to vacate their father's property in Mumbai. The father, a 76-year-old senior citizen, had sought their eviction under Section 5(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, citing failure to maintain him and allegations of threats.
In delivering the judgment, Justice Khata emphasized that adult children have no legal right to reside in their parents' self-owned properties against the parents' will. The court highlighted that the right to shelter under Article 21 of the Constitution does not extend to securing a shelter of one's choice or forcibly imposing residence upon unwilling parents, especially when alternative accommodation is available.
The court further clarified that the Maintenance Act does not impose any reciprocal obligation on parents to maintain adult children and their dependents. The financial hardship of an adult child cannot compel the parent to provide housing. The petitioners' argument regarding the father's distribution of wealth among other siblings was also dismissed, as it did not create any enforceable right for them to occupy the property.
Additionally, the court noted that the petitioners had failed to exhaust the available appellate remedy under Section 16(a) of the Maintenance Act before approaching the High Court. Consequently, the writ petition was dismissed as not maintainable.
This judgment reinforces the legal framework that protects the rights of senior citizens to manage their properties without undue pressure from adult children, thereby ensuring their welfare and dignity.
