Recently, the High Court of Punjab and Haryana has changed its stance and has ruled that maintenance tribunals under Maintenance of Welfare of Parents and Senior Citizen Act,2007 can evict relatives from the properties owned by senior citizens.
Crux of the case:
The instant order was passed in the case Mamta Sharma vs Maintenance Tribunal & Ors in which an appeal was filed by a lady challenging the order of eviction passed by the maintenance tribunal in the case preferred by her father in law.
Before the maintenance tribunal, the 82-year-old Petitioner claimed that his widowed daughter in law was not taking care of him and had made a bid to claim his self acquired property. The Petitioner prayed the Court to evict his daughter in law.
Hon’ble Maintenance Court agreed with the contention of the Petitioner and passed an order of eviction against the daughter-in-law.
Aggrieved, the daughter in law, moved the High Court.
The Court observed that the intention of the legislators could not have been to prevent the maintenance tribunal from using its power of eviction in cases where relatives refuse to maintain Senior citizens after property gets transferred to them.
It was further observed that if the transferee was unwilling to maintain the senior citizen after the transfer of property, then such a transfer will be deemed vitiated by coercion, fraud or undue influence. The Court referred to Section 23 of Maintenance of Welfare of Parents and Senior Citizen Act,2007 to arrive at the aforesaid conclusion.
Hon’ble Court urged the parties to reconcile but also directed the father in law to pay some money to the daughter-in-law so that she could buy/rent a home outside of his property.
Title: Mamta Sharma Versus Additional Deputy Commissioner cum Maintenance Tribunal & Ors
Case No.: CWP-38040 of 2018 (O&M)
Date of Order: 05.11.2020
Coram: Hon’ble Justice Arun Monga