In a relief for a 76-year-old widow, the Bombay High Court has upheld the decision of the senior citizens tribunal directing the son and his wife to vacate the mother’s flat in Santacruz saying that mother has proved that the property was rented by her in 1969. The son and his wife moved in with the mother after selling their premises and claimed right to the flat contending that it was rented by his father.
The high court dismissed the petition filed by the son and daughter-in-law noting that there was “no error or illegality” in the tribunal’s order. “Petition is devoid of any merits. Hence, for the reasons recorded above, the petition is dismissed,” Justice Gauri Godse said on February 21.
The HC stayed the order for four weeks to allow them to approach the Supreme Court.
Details of case
The couple had challenged the order of the senior citizen tribunal of July 7, 2023, by which it directed them to vacate the mother’s premises. The order also restrained them “from doing any acts that will disturb [mother’s] mental or physical health, and disturb the peace in her house”.
The son’s Advocate Kalim Ansari submitted that it was tenanted property, which was in his father’s name, who passed away in 2002. He claimed right to the property and contended that the mother cannot claim sole possession under the provisions of the said Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Further, the son claimed that he sold his property and gave Rs40 lakh to the mother.
Advocate Mahesh Tiwari, appearing for the mother, opposed the claim and said that the property was always rented in the mother’s name and produced rent receipts dating back to 1969. Even the property which was sold by the son, claiming to be his own property, was the mother’s property where she let him reside after his marriage in 2001. Hence, the son has illegally disposed of the mother’s property, argued Tiwari. He produced receipts in the mother’s name for payment towards the society charges. However, the mother did not file any complaint at the time due to her affection towards the son, Tiwari added.
After the couple moved in with the mother during Covid-19 lockdown, there were quarrels, and on one such occasion, the son pushed the mother towards the wall and she fractured her arm. The mother filed a complaint with the Santacruz police station on February 3, 2020, Tiwari alleged.
Dismissing the son’s contention that the flat was rented by his father, the HC said: “I do not find any substance in the same, as there is already a rent receipt produced on behalf of respondent no. 1 [mother] in her name. Thus, it appears that the subject property stood in the name of respondent no.1 as a tenant.”
