'Elderly Parents Cannot Be Forced To House Son, Daughter-In-Law Against Their Will': Aurangabad Bench Of Bombay HC

Mumbai: The Aurangabad bench of the Bombay High Court has ruled that elderly parents cannot be compelled to let their son and daughter-in-law live in their home against their wishes, emphasising that the rights of senior citizens to enjoy their self-acquired property must be protected.

Justice Prafulla Khubalkar set aside a 2020 order of the Senior Citizens Appellate Tribunal and restored a 2019 eviction order passed by the Sub-Divisional Officer in favour of a senior couple from Nandurbar.

The court directed the son and daughter-in-law to vacate the premises within 30 days, noting that they had “no legal basis” to claim a right to reside in the property.

“The son and daughter-in-law cannot compel their parents to allow them to reside in their property against their desire,” the court observed.

“There is no document establishing any ownership or residence right of the respondents. On the contrary, the petitioners are entitled to invoke provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to seek eviction.”

The senior couple had filed an application under the 2007 Act seeking eviction of their son and daughter-in-law from their bungalow, which they had purchased in 2008 using their own funds. While the Tribunal had initially ruled in their favour in 2019, the daughter-in-law challenged the order, claiming a right to reside due to pending matrimonial and domestic violence proceedings. The Appellate Tribunal allowed her appeal, observing that the matter appeared to be a civil dispute.

However, Justice Khubalkar disagreed, stating that the tribunal had misinterpreted the law. The judge noted that the daughter-in-law had since purchased a separate home in 2021, yet continued to occupy a part of her in-laws’ property. Importantly, she had not responded to a court directive from December 2022 requiring her and her husband to pay Rs 20,000 per month as charges for occupying the property.

“Despite having her own independent residence, she has continued to occupy the petitioners’ property without any lawful authority. This conduct is deprecated,” the court said.

The court held that while the daughter-in-law may claim maintenance or other matrimonial rights through appropriate proceedings, those claims cannot override the rights of elderly parents under the 2007 Act.

The High Court directed the son and daughter-in-law to vacate the house within 30 days, pay all arrears in compliance with the previous court order, and bear the petitioners’ legal costs.