In a country where family ties run deep, disputes over property can often lead to legal battles — even between parents and children. A recent case presented before the Supreme Court raised a critical question: Can senior citizens legally evict their son from their home?
The case involved an elderly couple who sought to remove their son from their property, alleging emotional and physical abuse. However, on March 28, 2025, the Supreme Court dismissed their petition, drawing attention to the limitations of the existing law under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
According to The Indian Express, the roots of the case date back to 2019, when a tribunal granted limited relief to the elderly couple under the Senior Citizens Act. The son, who ran a utensil shop in the same building and lived there with his wife and children, was restricted from occupying any other part of the house without his parents’ consent.
The tribunal further stated that eviction proceedings could only resume if the son continued to harass or mistreat his parents. The couple later approached the Supreme Court to seek complete eviction, which was ultimately declined.
The top court referenced the Senior Citizens Act of 2007, which primarily empowers parents aged 60 and above to seek financial and maintenance support from their children or legal heirs if they are unable to sustain themselves.
While the law ensures support and dignity for the elderly, it does not directly grant parents the right to evict their children from a property — unless specific conditions are met. The Supreme Court noted that the law’s intention is to protect the welfare of the elderly, not to provide unconditional eviction powers.
Interestingly, Section 23 of the Act opens a window for eviction under certain conditions. If a senior citizen transfers their property — either through sale or as a gift — on the condition that the recipient will provide care and support, and that condition is later violated, the transfer may be deemed void.
In legal terms, this is considered a transfer made through fraud, coercion, or undue influence. If the elderly parent approaches the tribunal, the property can be restored to them, and the recipient (including children) may be evicted.
Senior citizens have a legal right to maintenance from their children or legal heirs.
Tribunals can be set up to resolve disputes related to support and welfare.
Parents cannot evict children from a self-owned or ancestral property by default — there must be valid legal grounds.
Section 23 of the Act provides an avenue for legal eviction, but only if the property was transferred with conditions that were later violated.
The law also allows for appeals in case a party is unsatisfied with a tribunal’s decision.
While the law aims to safeguard the dignity and welfare of senior citizens, complete eviction of a child from parental property isn’t automatic or unconditional. It must be backed by legal provisions, especially when the property has been gifted or transferred with specific expectations of care.
Legal experts often advise families to document any property transfers clearly and understand the responsibilities attached — especially in India, where property disputes often get emotionally and legally complex.
