Maintenance Tribunal ordered sons to vacate residential property owned by father: Here’s why Bombay High Court quashed order
Times of India
by VATSAL CHANDRAFebruary 23, 2026
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Bombay High Court quashes eviction order against sons, emphasizing financial independence as a critical factor under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. In a landmark ruling, Justice Somasekhar Sundaresan clarified that the Act applies only when a senior citizen can prove their inability to maintain themselves through personal income or assets. The Court upheld the sons’ argument that the father’s financial stability, including a monthly pension of Rs.40,000, rendered the eviction order unjust and beyond the Act’s scope.
The case arose after the father sought maintenance and eviction of his sons from a residential property in Malad, claiming he needed support. The Maintenance Tribunal initially declined maintenance due to insufficient proof of financial incapacity but still ordered the sons’ eviction. Aggrieved, the sons challenged this decision in the High Court, arguing that the Tribunal lacked jurisdiction to evict them since the property remained in their father’s name and no transfer condition was violated.
The High Court agreed, emphasizing that Section 4 of the Act requires a clear demonstration of inability to maintain oneself before invoking its provisions. It also noted that the sons were not obligated to vacate the property under the Act as the property wasn’t transferred with conditions tied to maintenance. Additionally, the Court highlighted procedural lapses by the Tribunal, which failed to provide adequate opportunity for evidence presentation.
The ruling underscores the importance of interpreting legislation like the Senior Citizens Act liberally yet cautiously to avoid misuse. By dismissing the eviction order, the High Court ensured that the Act remains a tool for genuine cases of need rather than a means to settle property disputes. This decision is significant as it sets a precedent for future cases, reinforcing the need for clear evidence of financial dependency before invoking legal provisions.
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Originally published on Times of India on 2/23/2026