The Weekly Obiter

MAINTENANCE TRIBUNAL CAN EVICT LEGAL HEIRS ON THE GROUND OF ILL-TREATMENT OF PARENTS, DELHI HC: OCTOBER 03, 2018

November 26, 2018

The Hon’ble Delhi High Court in Sunny Paul Vs. State of NCT of Delhi & Ors., CM. No. 11669/2017 has held that a Maintenance Tribunal constituted under The Maintenance and Welfare of Parents & Senior Citizens Act, 2007 has the power to evict legal heirs from self-acquired or ancestral property of parents on account of ill-treatment or non-maintenance.
Relying on the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, framed by the Delhi Government, the Court stated, “A reading of the Rules framed by the Government of NCT clearly reflect that a senior citizen can file an application seeking eviction of his son and daughter or legal heir from his self-acquired or ancestral property on the ground of ill-treatment or non-maintenance.” 

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