Bombay HC Upholds Order Directing Son To Vacate Parents' Lower Parel Flat, Says Financial Status Of Senior Citizens Is Irrelevant

Mumbai, July 8, 2026: The Bombay High Court has ruled that the financial status of senior citizens is irrelevant while deciding whether a gifted property should be restored to them under the Maintenance and Welfare of Parents and Senior Citizens Act, as it upheld an order directing a son to vacate his parents' flat after failing to care for them.

Court Upholds Tribunal Order

A Bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad dismissed a petition filed by a man who had challenged an order of the Maintenance and Welfare of Parents and Senior Citizens Tribunal directing him to hand over possession of a Lower Parel flat to his parents within 60 days.

The tribunal had cancelled the gift deed of the flat after the man’s parents, aged 68 and 60, alleged that they had transferred the property to him on the understanding that he would maintain and care for them. They claimed the arrangement broke down due to family disputes, forcing them to leave their own home.

The son argued that the flat had actually been purchased using his own funds and that the gift deed merely restored ownership to him. He also contended that his parents were financially well-off, owned other properties and were capable of maintaining themselves.

He further claimed that the proceedings were initiated at the instance of his sisters and that eviction would cause hardship to his wife and two children.

Financial Status Not Relevant

Rejecting these submissions, the High Court said the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is welfare legislation intended to protect elderly parents from neglect and safeguard their life and property.

"The Act creates an effective statutory mechanism not only to secure maintenance, but also to protect the life and property of senior citizens," the Bench observed.

The court noted that the gift deed itself contained an express condition that the son would "take care in all respect" of his parents after execution of the deed. It held that this satisfied the first requirement under Section 23 of the Act.

The judges further held that the relationship had deteriorated to the extent that the parents were forced to vacate their own residence, showing that the son had failed to fulfil the obligation on which the gift was based.

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"The applicability of Section 23 does not depend upon the financial status of the senior citizen. Once the statutory conditions... are satisfied, the transfer can be declared as void," the court said.

Petition Dismissed

Finding no illegality in the tribunal's decision, the High Court dismissed the petition and directed the son to comply with the tribunal's order.

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