Can seniors evict their children even after years of delay? HC says yes

HC clarifies that hesitation doesn't weaken seniors' legal protection

In India, family bonds are deeply cherished, and multi-generational households are the norm. Yet, we still see cases where senior citizens face neglect or harassment from adult children or other legal heirs, prompting them to seek legal relief to protect their rights at home. A recent Delhi High Court ruling has clarified that delays in approaching authorities do not automatically prevent seniors from exercising their eviction rights under the law.

 

The case

A senior citizen in New Ranjeet Nagar, Delhi, allowed his daughter and her family to live on the second floor of his property. Over time, alleged harassment and mistreatment led him to file a complaint under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

 

Initially, the district magistrate granted eviction. However, the Appellate Authority later set aside the order, citing the delay in filing the complaint. The Delhi High Court disagreed, reinstating the eviction order and emphasising that a senior’s hesitation to approach authorities cannot be used as a reason to deny legal relief.

 

“Such disputes are fairly common but under-reported,” says Rohit Jain, managing partner at Singhania & Co.

 

“Many seniors hesitate to take formal action because of emotional ties, fear of conflict, social stigma, or financial dependence. Actual cases that reach the Tribunal represent only a small fraction of the real problem.”

 

Mayank Arora, advocate, partner at The Chambers of Bharat Chugh adds, “There is a noticeable rise in cases where senior citizens face harassment from their children. Earlier, hesitation or social stigma prevented them from seeking legal recourse. Today, more seniors are recognising their rights and turning to the law for protection.”

 

Understanding eviction rights

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 gives seniors several important rights:

 

Seek maintenance from adult children or legal heirs.

 

Void property transfers made on the promise of care if the child fails to maintain them.

 

Request eviction of children or relatives in cases of neglect or mistreatment.

 

Shashank Agarwal, founder of Legum Solis, says, “The Act allows seniors to file a petition with the district magistrate even against sons, daughters, in-laws, or other legal heirs if they fail in their duty to maintain them.”

 

Alay Razvi, managing partner at Accord Juris, adds, “Even if children claim rights over the property, eviction can still be ordered. The law focuses on protecting the senior citizen’s safety, dignity, and well-being.”

 

Preparing for an eviction case

Experts emphasise the importance of documentation and preparation:

 

Documents: Proof of property ownership, transfer deeds, evidence of neglect or harassment (messages, photos, medical records, witness statements).

 

Process: File under Section 5 before the local Maintenance Tribunal. Cases are usually decided within 90 days, extendable by 30 days.

 

Practical tips: Keep timelines clear, maintain records of incidents, and be ready for counterclaims. Legal counsel can help navigate complex property disputes.

 

Rohit Jain notes, “Ownership of property must be clear. Eviction isn’t automatic, you need to show neglect or breach of obligation.”

 

Arora shares a real-life example. A senior citizen’s delayed complaint against a daughter-in-law allowed counterclaims to complicate matters, delaying eviction. Eventually, the high court intervened, reinforcing the senior’s right to protection.

 

Note for senior citizens

The Delhi High Court ruling is a reminder that seniors can exercise their legal rights. With proper documentation and legal guidance, eviction under the Senior Citizens Act provides an important tool to protect dignity, well-being, and peace of mind, without undermining family ties.