Can Senior Citizens Evict Their Children from Their Property?

1. Recently, the Supreme Court rejected a suit filed by a senior couple to evict their son from their home by invoking the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizens Act).
2. The Act provides a streamlined process for senior parents — often neglected and lacking financial support — to file suits seeking maintenance from their children.
3. Though the Act does not explicitly give parents the right to evict their children or relatives from their home, the Supreme Court has interpreted the provision related to property transfers to allow such eviction orders in certain circumstances.

What was the Case?

1. Urmila Dixit, who had purchased property in 1968. In 2019, she gifted it to her son with the clear condition that he would maintain her and ensure her peaceful living.
2. This condition was further confirmed through a promissory note. However, over time, the relationship deteriorated, and she alleged mistreatment by her son.
3. As a result, in 2020, she filed a case under Sections 22 and 23 of the Senior Citizens Act seeking cancellation of the gift deed.

1. Section 22 of the Act empowers state governments to designate District Magistrates for its implementation and mandates a comprehensive action plan for the protection of elderly persons.
2. Section 23 allows the cancellation of property transfers (like gifts) if they were made with the condition of care, which was later violated.

• Such transfers are treated as having been made under fraud or undue influence.

4. The Sub-Divisional Magistrate (SDM) declared the gift deed void, and the Collector upheld this decision.
5. The son challenged this in the Madhya Pradesh High Court. While a single judge upheld the lower authority’s view, the Division Bench reversed it, arguing that the gift deed had no direct maintenance condition and that Section 23 functioned independently.
6. Urmila Dixit then approached the Supreme Court. On 28 March 2025, the Court ruled in her favor.
7. It held that Section 23 could not be treated as a standalone clause.
8. Instead, it must be read in harmony with the Act’s objective — which is to protect and empower senior citizens.
9. The Court said that the gift deed was conditional upon the son providing maintenance, and since he failed, the property must be returned to the mother.
10. However, it clarified that eviction of the son wasn’t automatically justified in this case.
11. The Court emphasized that while eviction is not an automatic outcome after cancellation, Tribunals under the Act do have the implicit power to evict if necessary.

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Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

1. This case highlights the growing importance of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
2. The Act is Administered by the Ministry of Social Justice & Empowerment.
3. Act defines a senior citizen as anyone aged 60 years or more and lays down legal obligations on children or relatives to maintain them.
4. Major Key features of the Act:-

1. Maintenance Obligation (Sections 4–18)
   • Children are legally obligated to maintain their parents.
   • Relatives must maintain childless senior citizens.
   • Senior citizens can approach Maintenance Tribunals to claim monthly support.
2. Maintenance Tribunals (Section 7)
   • State Governments are required to set up Maintenance Tribunals.
   • These Tribunals ensure speedy resolution of maintenance-related claims.
3. Old Age Homes (Section 19)
   • Every district must establish at least one old age home.
   • Responsibility lies with State Governments.
4. Protection of Life and Property (Sections 21–23)
   • The Act offers legal safeguards against abuse, neglect, and exploitation.
   • It ensures the right to property and peaceful living for senior citizens.
      

You Can Read Also: Kerala First State to Establish a Senior Citizens Commission

Other legal protections available for the elderly

1. Apart from the Senior Citizens Act, there are other legal protections available for the elderly in India.
2. Article 41 and Article 46 of the Constitution guide the State to provide public assistance to older persons.
3. Under the Hindu Adoptions and Maintenance Act, 1956, children are bound to maintain their aged parents.
4. Similarly, under section 144 of Bharatiya Nagarik Suraksha Sanhita (BNSS) (formerly Section 125 of the Criminal Procedure Code), parents can seek maintenance from their children through the legal system.
5. Globally too, the rights of the elderly are gaining attention. The United Nations has proposed a Convention on the Rights of Older Persons.
6. Back in 1982, the first major international discussion on aging was held, leading to the publication of the "International Plan on Ageing".
7. Later, in 2002, the "Madrid International Plan of Action on Ageing" was adopted, urging countries to create inclusive policies for elderly welfare.
8. At the national level, progressive states are leading by example. Kerala recently became the first Indian state to pass the Kerala State Senior Citizens Commission Bill. The commission will work to ensure the rights, welfare, and social security of elderly citizens, further strengthening their support system.
    

You Must Read: Rising Costs for Senior Citizens Under Ayushman Bharat

Initiatives for Ageing with Dignity Recently, President of India launched initiatives for senior citizens  at the  'Ageing with Dignity - Initiatives for the Welfare of Senior Citizens' event.  Initiatives launched Senior Citizen Welfare Portal: A digital platform for elderly citizens, providing easy access to government schemes, healthcare benefits, and welfare services. Senior Citizen Homes: Supported under the Ministry of Social Justice & Empowerment’s programme aligned with the Maintenance and Welfare of Parents and Senior Citizens (MWPSC) Act. MoU with Brahma Kumaris: Focuses on promoting emotional balance, mindfulness, and intergenerational bonding.

 

"India’s Ageing Population: Challenges, Opportunities, and Policy Responses"

1. Although India has the largest number of young people, ageing is advancing rapidly.
2. India’s elderly population (aged 60+) is Percentage of Total Population in 2011: 8.6% were senior citizens.

currently 153 million and is projected to reach 347 million by 2050(UNFPA).

3. This shift is not just demographic but a massive societal transformation with deep implications.
4. The United Nations Decade of Healthy Ageing (2021–2030) acknowledges ageing’s impact across health, labour, finance, social protection, and education systems.
5. In India, ageing brings financial insecurity—40% of elderly belong to the poorest wealth quintile, and about 20% have no income.
6. Cultural norms often label the elderly as a “burden”, leading to abuse and exclusion.
7. There’s a lack of robust social safety nets to protect older individuals.
8. The feminisation and ruralisation of ageing further compound elderly vulnerability—more older women and a higher concentration of elderly in rural areas.
9. Despite challenges, India’s ageing story holds promise due to proactive policy initiatives.
10. The Government of India has launched several schemes such as the National Programme for Health Care of the Elderly (NPHCE), National Social Assistance Programme (NSAP), Maintenance and Welfare of Parents and Senior Citizens Act (2007), Atal Vayo Abhyuday Yojana (AVYAY), AGRASR ( self help groups  )
11. India released its National Policy on Older Persons (NPOP) in 1999, even before the Madrid International Plan of Action on Ageing (MIPPA) in 2002.
12. India must embrace not just the demographic dividend from youth, but also the “silver dividend” from its elderly population.
13. The silver economy includes sectors like insurance, pensions, travel, and digital banking for seniors.
14. It also provides opportunities for Indian start-ups to create innovative, affordable, and inclusive solutions.
15. August 21^st is known as world senior citizen day across the world to honour their contributions.

 

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