Maintenance and Welfare of Parents and Senior Citizens Act, 2007

RECENT UPDATE

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) Section 2(5), 17(1) – Residence belonging to the mother-in-law or father-in-law would not be a “shared household” within the meaning of Section 2(s)  - Daughter-in-law would have no right of residence therein in terms of Section 17(1) – Son and daughter-in-law, ordered to be evicted. (2018-3) PUNJAB LAW REPORTER


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  • Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) – Death of husband in 1988 – Whereafter she had became owner of the property in question with respondent son in equal share – She having suffered a fracture, being bed-ridden, therefore, was unable to climb stairs – Son writ petitioner has merely been directed to shift from the ground floor to the first floor in view of the condition who is 97 years old lady having suffered hip fracture and therefore, is unable to move – Order upheld. (2018-3) PUNJAB LAW REPORTER
  • Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) Section 2 – Maintenance - Son-in-law is neither a child nor a relative and the father-in-law is not a parent as well.             (2018-3) PUNJAB LAW REPORTER
  • Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) Section 2(5), 17(1) – Residence belonging to the mother-in-law or father-in-law would not be a “shared household” within the meaning of Section 2(s) of the 2005 Act and that a daughter-in-law would have no right of residence therein in terms of Section 17(1) of the 2005 Act – Son and daughter-in-law - Ordered to be evicted.    (2018-3) PUNJAB LAW REPORTER
  • Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) Section 22, 23 – Punjab Maintenance and Welfare of Parents and Senior Citizen Rules, 2012 (hereinafter referred to as '2012 Rules') framed under Section 32 of the Act i.e. Rules 22 and 23 of the 2012 Rules read with Action Plan providing procedure for eviction from property/residential building of senior citizens/parent, indicate that the District Magistrate is competent to order eviction of an unauthorized occupants in terms of said provisions.   (2018-3) PUNJAB LAW REPORTER
  • Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) Section 2(f) – Property means property of any kind, whether movable or immovable, ancestral or self- acquired, tangible or intangible and even includes rights or interest in such property. Sharmila v. State of Haryana. (2018-2) PUNJAB LAW REPORTER
  • Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) Section 2(f) – Widow of son – It is a settled proposition of law that daughter-in-law cannot be said to have a right in the house of father-in-law/mother-in-law who lodged a complaint, where litigation is pending between the parties and in the present case, the FIR was registered at the instance of respondent – Mother-in-law evidence has been placed on record to claim the ownership of the house, whereas, as per definition of the property under Section 2(f) of the Act, 2007, any right or interest in such property is also included under the definition of property - The right of the petitioner over the house, in dispute, is totally misbelieved by considering the definition of property as provided under Section 2(f) of the Act, 2007.   Sharmila v. State of Haryana. (2018-2) PUNJAB LAW REPORTER
  • Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) Section 2(g) – Legal heir’ is not defined in the Act and for that purpose reference has to be made to the Hindu Succession Act, 1956  in which Section 8 deals with the heir of a person dying intestate - Section 8 of the 1956 Act provides two types of heirs which are called Class-I and Class-II heirs - A daughter-in-law is neither Class-I nor Class-II heir - However, a widowed daughter-in-law of a predeceased son is a Class-I heir - The petitioner is the daughter-in-law, therefore, she does not fall either in Class-I or Class-II heir – Therefore, proceedings are not maintainable – District Magistrate has no jurisdiction to pass an order of eviction against her on an application filed under Section 22 of the Act. (2018-2) PUNJAB LAW REPORTER
  • Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) Section 16 - The order of eviction is passed by the District Magistrate, acting in pursuance of his powers conferred under the Action Plan, no appeal under Section 16 is available to the petitioners which could have been filed before the Appellate Tribunal against the order of the District Magistrate, therefore - Non-maintainability of the writ petition in the wake of availability of right to appeal under Section 16 of the Act is hereby rejected - Action Plan pertaining to eviction of unauthorized occupant from the property of senior citizens/parents, the District Magistrate does not have the jurisdiction to pass an order of eviction against a stranger or a person who is not related to the senior citizens/parents as a son, daughter or legal heir – Constitution of India Article 227. (2018-2) PUNJAB LAW REPORTER
  • Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) Section 23 – Petitioner is no doubt a transferred and transferee was her son – Petitioner had no dispute so long as her son was alive – The property in question was devolved upon his widow and gave possession of half share in question as a tenant – Proceedings cannot be adjudicated upon by the Tribunal.   (2018-2) PUNJAB LAW REPORTER
  • Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) Section 20(3)(1) - Tenant in any case do not falls in the definition of a legal heir - Therefore, the petition filed against the petitioner before the District Magistrate was patently an abuse of law.     (2018-2) PUNJAB LAW REPORTER
  • Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) Section 22 (2) – Haryana Maintenance of Parents and Senior Citizens Rules, 2009, Rule 24 – Action Plan for the Protection of Life and Property of Senior Citizens under the Act, belonging to the State of Haryana - Action Plan pertaining to eviction of unauthorized occupant from the property of senior citizens/parents, the District Magistrate does not have the jurisdiction to pass an order of eviction against a stranger or a person who is not related to the senior citizens/parents as a son, daughter or legal heir.  (2015-3)179 PLR 688 Dissented. (2018-2) PUNJAB LAW REPORTER
  • Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (56 of 2007) Section 23 – Provides that where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal. (2018-2) PUNJAB LAW REPORTER
  • Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (50 of 2007) Section 22(2) - Eviction of her two sons - Application to be filed before competent authority i.e. Deputy Commissioner. (2018-1 ) PUNJAB LAW REPORTER
  • Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (50 of 2007) - Maintenance has to be paid from the date of application because the matter was decided after a period of two years when the application was filed. (2018-1 ) PUNJAB LAW REPORTER
  • Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (50 of 2007) Section 22(2) - Petition for eviction of daughter-in-law while living in the same house while the husband of the women is alive - Act provides for eviction of Son, daughter or legal heir of the senior citizen who is in unauthorized occupation of his/her property, much-less against his/her wishes, then District Magistrate, after affording an opportunity of hearing to the said person, can pass an order of his/her eviction - Application filed against her in terms of the action plan has rightly been dismissed by the District Magistrate because the application by itself was not maintainable against the daughter-in-law, whose husband is still alive. (2018-1 ) PUNJAB LAW REPORTER
  • Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (50 of 2007) Section 22, 23 - Asking the multifarious reliefs including the negation of gift deed alongwith maintenance - Single Judge proceeds from an assumption that the application  was merely under Section 22 and not under Section 23 of the Act - Proceedings initiated by the appellant before the Tribunal seeking relief under Section 23 of the Act will sustain and the Tribunal would be allowed to go into this aspect. (2018-1 ) PUNJAB LAW REPORTER