Justice Shanti Sarup Dewan, Chief Justice(Retd.) and Anr.v. Union Territory, Chandigarh


In this case, the Court held that a senior citizen who is the owner of the house can ask his children to vacate the house anytime. The children are required to move out of the premises to allow their parents to live in peace.The position of the children at most is of a licensee. The license stands terminated the moment the senior citizen conveys to his children that he wants them to vacate the property; hence the children have no vested right in possession of the property. It would be relevant to submit that the Senior citizen has a right to evict his children even if they have not given any ill-treatment towards him. It is applicable even on ancestral property and in the case the children may approach the civil court to get their share in the property. The scope and intent of the Act are to grant protection to Senior citizen, which also includes protection to their property.

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