Can a Senior Citizen Evict a Son Under the Senior Citizens Act?
A senior citizen may own a property and still not be able to use the Senior Citizens Act as a simple shortcut for every eviction dispute.
In M. Pounammal v. Vinayagam, the Madras High Court held that a complaint seeking mere eviction, without seeking maintenance, was not maintainable under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
The Court also clarified that eviction may be ordered in an appropriate case when it is necessary and expedient for the maintenance and protection of a senior citizen.
The practical lesson:
Property ownership, possession, maintenance and the appropriate legal remedy must be examined separately.
Shri Ganpati Jurists – Advocates & Legal Consultants
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