The Bombay High Court recently upheld a Senior Citizens Welfare Tribunal order directing a man and his wife to evacuate a flat and hand it over to the man’s 88-year-old mother.
Further, the Court said that it was not the case that the petitioners would have no other place to reside after they vacate the flat since records showed that apart from the flat in question, the petitioners had other flats also.

Based on the family settlement deed, the Court determined that there was nothing to show that the petitioners had any independent rights regarding the flat.

“In the Family Settlement Deed, it has been recorded that the whole estate of late Shri Gamanlal Mehta (comprising of all property whatsoever, whether movable or immovable) be transferred to respondent no.3, being his widow to be held by her absolute property. We do not find any document on record showing that the petitioners have any independent rights regarding the flat in question,” it stated.

The respondent (mother) had also sought monthly maintenance due to her ill-health and had been awarded ₹25,000 per month by the senior citizen welfare tribunal.

The Court modified the same to ₹10,000 which is the maximum prescribed under the Act.

“If the petitioners are not maintaining respondent no.3-mother and are creating a nuisance and emotional disturbances to her, the whole purpose of the Act would be frustrated. In such circumstances, we do not find any perversity in the finding recorded by the Tribunal while passing an order of maintenance,” the order said.

Hemant Gamanlal Mehta and Anr. vs The State of Maharashtra and Ors.