In a significant ruling, the Lucknow bench of the Allahabad High Court has held that tribunals and district magistrates do not have the authority to evict any person from a senior citizen’s property under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, unless specific conditions tied to a gift deed are violated.
A full bench comprising Justice A.R. Masoodi, Justice Jaspreet Singh, and Justice Subhash Vidyarthi delivered the verdict while deciding a reference made in the case of Onkar Nath Gaur. The judgment, made available on Wednesday, resolves conflicting opinions from different benches regarding the powers of authorities under the Senior Citizens Act.
The bench clarified that eviction is not contemplated under the Act in general circumstances. “This court does not find that under the (Senior Citizens) Act 2007, there is any indication in any provision or rule which creates or confers special powers to take such action and pass an order of eviction against any third party or a person who may be living with the senior citizen or in the premises belonging to the senior citizen,” the court observed.
However, the court carved out a specific exception: if a senior citizen or parent has executed a gift deed or similar arrangement in favour of another person on the assurance of being cared for, and that assurance is later not fulfilled, then the authorities may intervene. In such cases, eviction could be considered to restore the property to the senior citizen.
The ruling also took note of the ‘Savera Scheme’ launched by the Uttar Pradesh government, which allows senior citizens to register with emergency helpline number 112 for round-the-clock assistance.
This decision is expected to bring clarity to the interpretation of the Senior Citizens Act and provide better protection to elderly citizens while ensuring legal safeguards for those residing with them.
