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. 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 Hon’ble High Court of Punjab and Haryana in the case titled as “Justice Shanti Sarup Dewan, Chief Justice(Retd.) and Anr V/s Union Territory, Chandigarh” reported at 2014(5) R.C.R(civil) 656 held that the children were living with the permission of their parents. Once the permission stands withdrawn, the children are required to move out of the premises to allow their parents to live in peace. The Senior Citizen Act 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 objective of the Act is to provide an inexpensive and expeditious procedure for the protection of life and property of senior citizens from legal heirs who expected to maintain parents.
The possession of children will always be in the nature of licensee
A senior citizen who is mistreated by their children has a right to evict their son or daughter from their house under this particular legislation i.e. Maintenance and Welfare of Parents and Senior Citizen, 2007. 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 its the son or daughter. That it would also be relevant to submit that the court is not concerned with the fact whether if such property of the Senior Citizen is self-acquired or ancestral. Sometimes, the children bring this notion before the court that the senior citizen’s property is ancestral; hence, they have a vested right and cannot be evicted. It would be appropriate here to submit that the court is not considered whether such property is self-acquired or ancestral. The court’s main objective is to protect the senior citizen’s life and let him live peacefully. If the children have an apprehension that such a property is ancestral, then they 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. That such rights of the Senior citizen can be enforced not only against the children of the Senior citizen but also against any legal heir of the senior citizen. The senior citizen also has a right to evict their daughter in law from their residence if it’s not a shared household. The possession of children will always be in the nature of licensee. The law is very clear on the eviction of children if the parents do not consent to them staying.
The licence stands terminated the moment parents conveyed the children
That the Hon’ble High court of Punjab and Haryana in the case of Civil Writ Petition No.1365 of 2015, Manmohan Singh vs U.T. Chandigarh and others that the children at most are licensees. The relevant is being reproduced as under:-
“…Admittedly, respondent no.3, his wife and children started residing in the house in question with the permission of the petitioner and at the most are licencees. The licence stands terminated the moment petitioner conveyed the respondents and his family members to termination of the licence.There is no vested right in the licencee(s) to remain in possession of the property of the petitioner. Although petitioner has approached civil court for ejectment of respondent no.3 under the compelling circumstances, may be due to wrong advice. The remedy under the Act is summary in nature and the provisions of the Act have overriding effect qua any other enactment in view of Section 3 of the Act. The jurisdiction of civil court is barred in view of Section 27 of the Act.
Also Hon’ble High Court in Shamsher Singh versus District Magistrate, U.T. Administration, Chandigarh,(2017) CWP 6365,eviction of the son ordered on ground that the father wants to live his remaining part of life along with his wife in a most peaceful and uninterrupted manner. Eviction of the son was ordered as the son was occupying house only as a licensee. Similarly in Gurpreet Singh v. State of Punjab 2016 (1) RCR (Civil) 324, the position of licensee was explained and what steps can be taken by the District Magistrate to protect the property of the senior citizen and if a civil suit is pending what would legality of any order passed for eviction of children from the property of the senior citizen. The following observation was made by the Hon’ble High Court, the relevant Para are reproduced as under:-
The petitioner is a licensee living in the premises on the basis of concession given by his father to live in the property owned by him. As a licensee, the petitioner is only permitted to enjoy the possession of the property licensed but without creating any interest in the property. A licence stands terminated the moment the licensor conveys a notice of termination of a licence. There is no vested right of any kind in the licensee to remain in possession of the property licensed.
The argument that civil suit is pending regarding the rights of the petitioner in the property in question; therefore, the order of District Magistrate is not legal does not merit any acceptance. Suffice it to state that jurisdiction of the Civil Court is barred in respect of all matters falling within the jurisdiction of the Act in terms of Section 27 thereof. Since, the protection of life and property falls within the jurisdiction of the District Magistrate, therefore, the District Magistrate is competent authority to take steps for the protection of life and property of the senior citizen.
Keeping in view the Morality and Ethics of the Indian society, it is very well understood that the parents have a moral obligation to maintain their children and care for them, but to what extent can this be implemented. That even the Hon’ble High court has taken notice regarding how children today are becoming insensate towards parents and are making attempts to throw out their aged parents. In Ashwinder Singh and another v. Bhagwant Singh and another, 2014(3) R.C.R. (Civil) 906. It would be apposite to reproduce relevant paragraphs:-
“This unfortunate regular second appeal is a poignant reminder of decaying social values and traditions in our country. The case is telltale story of how children have become detached in today’s commercialized world and are making attempts to throw out their aged parents from the property which the parents have acquired during their lifetime. It is perfect example of children becoming insensate towards parents/senior citizens.”Maatru Devo Bhava” (revere your mother as God) and “Pitro Devo Bhava” (revere your father as God) is a well-known proverb.
On page 1200 of Sri Guru Granth Sahib, Sri Guru Ram Dass has written that “KAAHAY POOT JHAGRAT HA-O SANG BAAP/JIN KAY JANAY BADEERAY TUM HA-O TIN SIO JHAGRAT PAAP//” (O son, why do you argue with your father? It is a sin to argue with the one who fathered you and raised you).
Lastly, in order to prevent interference by Civil Courts qua any action taken in furtherance of the provisions of the said Act, Section 27 of Maintenance& Welfare of Parents and Senior Citizen Act,2007bars the Jurisdiction of the Civil Courts, especially in respect of injunction. Section 27 of the said Act reads as under:-
“27 Jurisdiction of civil courts barred: No civil court shall have jurisdiction in respect of any matter to which any provision of this Act applies and no Injunction shall be granted by any Civil Court in respect of anything which is done or intended to be done by or under this Act”.
How to evict the children of the senior citizen
The application for the eviction is usually filed before the Maintenance Tribunal, in which the presiding officer is usually the District Magistrate. However, sometimes in some districts, such powers can also be practised by the Additional District Magistrate. Therefore, if you’re a senior citizen and would like to evict your Son or Daughter, file an application before the respected Maintenance Tribunal, who will further take cognizance of the matter.
That, in essence, it can be said that senior citizens do have a right to evict their children, i.e. son or daughter, whenever they desire. The children of the senior citizens are only living with the permission of their parents. The senior citizen does have a right to live his life in a peaceful manner. The Act is specially designed to provide an inexpensive and expeditious procedure for protecting their life and property.