Can a senior citizen file an application for eviction against his brother, who is not a senior citizen, under Maintenance and Welfare of Parents and Senior Citizens Act, 2007?
2 years ago
Can a senior citizen file an application for eviction against his brother, who is not a senior citizen, under Maintenance and Welfare of Parents and Senior Citizens Act, 2007? Senior citizen is bona-fide owner of the property as Power of attorney, agreement to sale, cash receipts etc are in his name.
Any important case law in this regard?
A.Hi,
The Punjab and Haryana high court has held that under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007, the only power with the Tribunal and the Appellate Authority is to grant maintenance by taking into consideration the facts of each and every case and also to set aside the transfer of property in case the senior citizen is able to prove that fraud was played by the children while executing the said transfer of the property. However, you can file an eviction suit in court for his eviction.
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The Punjab and Haryana high court has held that under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007, the only power with the Tribunal and the Appellate Authority is to grant maintenance by taking into consideration the facts of each and every case and also to set aside the transfer of property in case the senior citizen is able to prove that fraud was played by the children while executing the said transfer of the property. However, you can file an eviction suit in court for his eviction.
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A.No a senior citizen cannot file a suit for eviction under the said Act as the Act is meant for allowing maintenance of senior citizens. To evict your brother you will have to file an eviction suit under Rent Control Act or Transfer of Property Act as applicable.
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