Mumbai News: Appellate Tribunal Orders Son, Daughter-In-Law To Vacate Senior Citizen Mother’s House Within 30 Days

Mumbai: The Additional Collector and Appellate Officer, Appellate Tribunal for Parents and Senior Citizens, Mumbai, has upheld the orders passed by the Maintenance and Welfare Tribunal for Parents and Senior Citizens and the Deputy Collector (S.P.) in June. The appellate authority directed a couple to vacate the premises owned by their mother, a senior citizen, and hand over possession within 30 days.

Order Specifies Eviction Timeline

The order specifically states that Percy Farokh Patel and Sujata Parsi Patel must vacate Room B-36, Navroz Baug, along with their family, and hand over possession to their mother, a senior citizen, Hutokshi Farokh Patel, within 30 days.

Responsibility of Children Stressed

The appellate authority observed that children are responsible for the care and protection of their parents. If they fail to fulfill this responsibility, the Senior Police Inspector of Kalachowki Police Station, Mumbai, should take appropriate action against them under Section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Complaint Filed by Mother

The case pertains to a petition filed in April 2023 by 62-year-old senior citizen Hutokshi Farokh Patel against her son and daughter-in-law, Percy Farokh Patel and Sujata Patel, alleging mental and physical distress caused by them.

Allegations of Harassment

According to the complaint, Hutokshi, represented by advocate Adnan Mookhtiar, alleged that Sujata often assaulted her, sometimes with Percy’s involvement. She further claimed that the couple violated her privacy by recording her without consent and restricting her movement within her own home.

Additionally, she stated that she is a widow with no independent source of income and that her son failed to provide for her monthly expenses, instead using her savings for his own needs.

Son’s Defence in Case

In his defense, Percy Patel stated that he had been providing his mother with Rs 2,000 per month as per a previous interim order. He attributed the family conflict to the fact that his wife is Hindu-Maratha, not Parsi, which he claimed led to harassment and discrimination by his mother and sister, who also resides with them.

He also alleged that his wife and daughter faced a hostile environment, including being locked out of the house and subjected to physical assault.

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Tribunal Highlights Housing Rights

The appellate authority, in its order, stated: “Based on the appeal memo and the verbal and written arguments of both parties, it appears there is a family dispute between the couple and the senior citizen over the house at B-36, Navroz Baug, which was leased by the Parsi community. Hutokshi Farokh Patel is the licensed tenant of the house, meaning the flat is registered in her name. The couple has been living in the house since 2016 and does not contribute to household expenses. They have taken possession of her belongings and are causing her and her daughter mental distress. As a retired person, the senior citizen has no source of income. Given that both parties are making allegations and the senior citizen wants to live peacefully, it is not appropriate for them to stay together in the same house. Therefore, the order passed by the Presiding Officer, Maintenance and Welfare Tribunal for Parents and Senior Citizens, and the Deputy Collector (S.P.), Mumbai City, on June 3, 2025, is correct and does not require any intervention.”