• Right of senior citizens to evict their children from self-acquired property.


• Justice P. S. A bench of Justice Narasimha and Justice Alok Aradhe gave the verdict.


• Action under 'Maintenance and Welfare of Parents and Senior Citizens Act' valid.

Supreme Court Senior Citizens Rights: To protect the dignity and safety of senior citizens, the Supreme Court has clarified that they have the right to evict their children from their self-acquired property. Parents should not suffer insecurity, distress or humiliation due to advancing age. The court stated that every person has the right to live with dignity.

take Narasimha and Nya. Alok Aradhe's bench gave this decision. The court said that the tribunal constituted under the 'Maintenance and Welfare of Parents and Senior Citizens Act, 2007' – for the welfare and protection of senior citizens – has the power to order removal of children from the property.

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The decision of the High Court was reversed

The decision came on the plea of ​​Ravikant Gupta, who had applied to the district collector to evict his son from a self-acquired property after his 81-year-old mother was allegedly sent to an old-age home. The District Collector had given custody of the house to the son, daughter-in-law to the father. However, the Allahabad High Court quashed this order. The Supreme Court reversed the decision of the High Court.

What exactly is the case?

Ravikant Gupta's 81-year-old mother lived in Lucknow's Vikas Nagar. He was accused that his grandson did not let him stay in his own house. The family dispute escalated to such an extent that the old woman was forced to leave home and live in an old age home.

Then the matter reached the administration. On 15 November 2022, the SDM ordered the boy to be evicted from the house. This means that the administration has accepted that the elderly woman has the right to live in her own home and cannot be forced out.

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The boy challenged the order, but on 9 August 2023, the Collector upheld the SDM's order. The son and daughter-in-law were also ordered to vacate the house.

The High Court said, “The son and daughter-in-law challenged the orders of the SDM and the Collector in the Allahabad High Court. The High Court held that under the 'Maintenance and Welfare of Parents and Senior Citizens Act, 2007', the tribunal had no power to evict the children of senior citizens from their property. The High Court then quashed both the orders.”

The Supreme Court overturned the decision of the High Court

The Supreme Court overturned the High Court's decision saying that the tribunal can issue an order of eviction if necessary to ensure the maintenance and protection of senior citizens.