Saturday, March 29, 2025
New Delhi, September 26, 2025 – The Supreme Court of India has ruled in favor of an 80-year-old man, directing his son to vacate two properties in Mumbai that legally belonged to the father. The bench of Justice Vikram Nath and Justice Sandeep Mehta overturned an April order of the Bombay High Court, which had previously set aside the eviction directive.
The case was filed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which empowers tribunals to order eviction of children or relatives if they fail to fulfill their responsibility of caring for elderly parents.
The bench noted that the father had purchased two properties in Mumbai but later moved to Uttar Pradesh with his wife, leaving the children in possession of the homes. The eldest son, a businessman, took control of both properties and denied his father the right to live there.
The Supreme Court observed that although financially well-off, the son failed in his legal obligation to provide care and housing for his aged parents. “As a welfare legislation, the Act must be interpreted liberally to fulfill its beneficial purpose of protecting senior citizens,” the judges stated.
In July 2023, the elderly man and his wife filed a petition for maintenance and eviction.
The tribunal ordered the son to hand over possession of the two houses to his father and pay ₹3,000 per month for maintenance.
The appellate tribunal upheld the ruling.
The son then approached the Bombay High Court, which sided with him, saying the tribunal lacked jurisdiction to order eviction.
The father appealed to the Supreme Court, which has now restored the eviction order.
In its September 12 order, the Supreme Court emphasized that tribunals under the 2007 Act are fully empowered to direct eviction of children or relatives if they violate their duty of care. The court stressed that elderly citizens cannot be denied the right to live in properties they legally own, particularly by their own children.
