The Bombay High Court's Aurangabad Bench has delivered a significant ruling affirming that elderly parents cannot be forced to allow their son and daughter-in-law to reside in their self-owned property if they are unwilling.
Justice Prafulla S. Khubalkar, presiding over the case of Chandiram Hemnani & Anr. vs. Senior Citizens Appellate Tribunal & Ors., ruled that just because elderly parents had once permitted their son and daughter-in-law to live with them, it does not mean a legal right to residence is created. The judgment, delivered on June 18, 2025, underscores the right of senior citizens to enjoy their property independently.
Read Also:- Eviction Without Show Cause Notice Violates Senior Citizens Rules: Delhi High Court
The court noted that the petitioners—elderly parents—had originally allowed their son and daughter-in-law to stay in their bungalow out of goodwill. However, after multiple disputes and legal complaints—including divorce proceedings, domestic violence cases, and criminal charges—relations soured. The parents then approached the Senior Citizens Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking eviction.
On February 18, 2019, the Tribunal ruled in favor of the parents, ordering the couple to vacate the property within 30 days. However, the daughter-in-law challenged this order before the Appellate Tribunal, citing her ongoing matrimonial disputes and her alleged right to remain in the "matrimonial home."
The Appellate Tribunal, accepting her argument, reversed the eviction order and directed the parents to seek remedy through a civil court. This decision prompted the parents to file a writ petition in the High Court.
Justice Khubalkar found that the Appellate Tribunal had failed to apply the law judiciously and had misinterpreted the objectives of the 2007 Act.
"The Appellate Tribunal adopted an unduly hyper-technical approach, thereby defeating the very object and purpose of the special statute,"
— Justice Prafulla S. Khubalkar
The court emphasized that the Maintenance and Welfare of Parents and Senior Citizens Act is a beneficial legislation that provides not only for maintenance but also for protection of senior citizens' property. The judge referenced landmark rulings including Dattatrey Shivaji Mane vs. Lilabai Shivaji and Urmila Dixit vs. Sunil Sharan Dixit, to reinforce that eviction can be sought under this Act when senior citizens are harassed or deprived of their own space.
Read Also:- Eviction Under Senior Citizens Act Only Valid If Property Is Owned and Gifted: Punjab & Haryana HC
Additionally, the court noted that the daughter-in-law had already purchased another property and was living there, yet continued to occupy a portion of her in-laws' house. The judge observed:
"The competing rights of the daughter-in-law cannot be compromised at the cost of the rights of the senior citizens to enjoy their own property independently."
The court held that the daughter-in-law's claims, based on pending divorce and domestic violence proceedings, do not entitle her to reside in her in-laws' house, especially in the absence of any specific court order granting such residence rights.
Setting aside the Appellate Tribunal's order from August 7, 2020, the High Court upheld the Tribunal’s 2019 eviction order and directed the son and daughter-in-law to vacate the property within 30 days. The court also ordered them to pay arrears amounting to ₹20,000 per month for occupying the property since the Tribunal's initial decision.
Case Title: Chandiram Anandram Hemnani vs Senior Citizens Appellate Tribunal (Writ Petition 7794 of 2020)
