Supreme Court Upholds Eviction of Son and Daughter-in-Law from 75-Year-Old Father’s Property
Last Updated on April 14, 2025 by Shianjany Pradhan
In a recent judgment, the Supreme Court upheld the eviction of a man’s son and daughter-in-law from his self-acquired property, reinforcing the rights of senior citizens under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
A 75-year-old retired Bihar State Housing Board employee had constructed a rest house in Patna to earn a post-retirement income. His son and daughter-in-law moved in with the promise of a temporary stay.
Still, they soon occupied additional rooms, allegedly harassed the father, and threatened him with false criminal cases.
Left with no choice, the father approached the authorities under the 2007 Act. The Maintenance Tribunal ordered the couple’s eviction.
Although the High Court initially supported this, a Division Bench later reversed it, suggesting the couple could stay if they paid rent. The matter reached the Supreme Court.
A bench of Justices Vikram Nath and Sandeep Mehta sided with the father, restoring the eviction order.
The Court emphasized that the law intends to protect senior citizens’ dignity and property, and failing to evict the encroaching son and daughter-in-law would defeat that purpose.
The Court held that the father’s right to live in peace must be upheld. The couple has been granted time till, May 31, 2025, to vacate the premises, though they are free to pursue any legal remedies separately.
