The Constitution of India under Article 41 provides that the State shall, within the limits of its economic capacity and development, make effective provision for securing the right to public assistance in cases of old age.The Maintenance and Welfare of Parents and Senior Citizens Act,2007 has been enacted under the Special Legislations for the protection and welfare of parents/senior citizens. It is the duty of the District Magistrate to provide adequate protection to the life and property of Senior Citizen. It is special legislation to ensure that a summary proceeding is adopted to the benefits of parents and senior citizens so that justice is delivered to them in a quicker and speedy manner.
The Act and Rules explicitly state that if a parent/senior citizen who is the owner of the house and wants his children to vacate his home, the same can be done under this special legislation.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. In such circumstance, the courts have held that no proof of any ill-treatment is necessary and that parents do have a right to evict their children whether it’s the son or daughter. The application is to be find before the respective Maintenance Tribunal under the Act who will take further cognizance of the matter.
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It also provides a senior citizen who is unable to maintain himself from his own earning or out of the property owned by him, he is entitled to make an application to the Maintenance Tribunal for the payment of maintenance by the children or relative as mentioned in the act, to the extent that he or she is able to lead a normal life. Moreover, the act also penalises the abandonment of senior citizens with an imprisonment for a term up to three years and a fine up to Rupees Five Thousand.
The Section 17 of the Act barred legal representation of the senior citizens by advocates. However, the section has no longer been held to be a bar for the representation of senior citizens by lawyers by both the Delhi High Court and the Punjab and Haryana High Court. At NRI Legal Consultants, our team of experts is adept at filing of applications before the maintenance tribunal and providing the best possible solution for the resolution of your issue.
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