In a significant ruling, the Bombay High Court has affirmed the eviction of a city resident who forcibly ousted his elderly stepmother from her home in Kandivali, reinforcing that children or stepchildren have no claim over their parents’ property during the latter’s lifetime.
The division bench, including Justice GS Kulkarni and Justice Advait Sethna, ordered the stepson to vacate the residence within 15 days. The judges highlighted the legal stance that stepchildren cannot assert any rights over their parents’ property to claim ownership or possession while the parents are alive.
The case surfaced after the elderly woman reported that the flat, jointly owned by her and her late husband, was forcefully occupied by her stepson and his fiancée shortly after her husband’s death in January 2022. Consequently, she was rendered homeless and has since been residing with her 84-year-old sister.
The Senior Citizens’ Tribunal for the Western Suburbs had previously addressed the issue on October 15, 2024, ordering the stepson and his fiancée to vacate the property and pay monthly maintenance to the elderly woman. Despite the stepson’s attempt to overturn this decision at the High Court, his own admission of lacking proprietary rights solidified the case against him. Furthermore, the court dismissed his claims of not evicting his stepmother and the allegation of her kidnapping, citing the implausibility given her health conditions, including partial Alzheimer’s.
The court supported the Tribunal’s ruling, stating, “This is a fit case where the Tribunal has taken a just and legal view. There is no perversity or illegality in its order.” Consequently, the stepson’s petition was dismissed.
In compliance with the court’s and Tribunal’s directives, the stepson also committed to settling outstanding maintenance dues within the stipulated 15 days and to continue regular payments thereafter.
