The Supreme Court rules that elderly parents can legally evict their adult children from their property under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 if they fail to provide care. A Mumbai son has been ordered to vacate his parents’ property by November 30, 2025.
New Delhi: The Supreme Court of India has ruled that an adult child who fails to take care of their elderly parents can be evicted from their property. The top court clarified that under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Tribunals have the authority to order the eviction of children who neglect their statutory duties towards senior citizens.
The apex court’s decision came on a plea filed by an 80-year-old man and his 78-year-old wife, who challenged a Bombay High Court order that had previously struck down their eviction directive against their eldest son.
A Bench of Justices Vikram Nath and Sandeep Mehta emphasized that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, was enacted to
“address the plight of senior citizens by ensuring their care and protection.”
The Court observed that its provisions must be interpreted in a way that “promotes its welfare objective,” reinforcing the law’s purpose of safeguarding the interests of elderly citizens.
Citing earlier legal precedents, the Supreme Court reaffirmed that Maintenance Tribunals are empowered to order
“the eviction of a child or relative when they fail to discharge their obligations towards senior citizens,”
as reported by media.
The case arose when the petitioners’ son had taken control of their two properties in Mumbai and denied them access after they moved to Uttar Pradesh.
The Supreme Court held that the son had violated his “statutory obligations” by preventing his parents from residing in their own home.
Earlier, in June, the Tribunal had recognized the parents’ grievances as valid and ordered the son to pay maintenance of Rs 3,000 per month while vacating the property. The Appellate Authority also upheld this decision.
However, the Bombay High Court had overruled the eviction order, stating that the Tribunal did not have jurisdiction because the son also qualified as a senior citizen under the Act.
The Supreme Court found this reasoning “erroneous” and overturned the High Court’s ruling. The Court noted that the son was 59 years old at the time the application was filed and therefore
“he could not be treated as a senior citizen.”
Dismissing the writ petition filed by the son, the Supreme Court has granted him two weeks to submit an undertaking to vacate the premises “on or before November 30, 2025.”
This ruling strengthens the rights of senior citizens and reinforces the powers of Maintenance Tribunals under the 2007 Act, ensuring that elderly parents can seek legal remedies against neglectful children and secure both care and access to their rightful property.
Case Title:
Kamalakant Mishra v. Additional Collector and others
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