High Court Rules on Eviction Rights Under Senior Citizens Act

The Lucknow bench of the Allahabad High Court decided that tribunals and district magistrates can't evict individuals from a senior citizen's property under the Maintenance and Welfare of Parents and Senior Citizens Act. Exceptions include cases where a gift deed is involved, and the recipient fails to fulfill their care obligations.


Devdiscourse News Desk | Lucknow | Updated: 29-05-2025 00:01 IST | Created: 29-05-2025 00:01 IST
High Court Rules on Eviction Rights Under Senior Citizens Act
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The Lucknow bench of the Allahabad High Court has delivered a pivotal ruling regarding the Maintenance and Welfare of Parents and Senior Citizens Act. The court declared that tribunals and district magistrates lack the authority to evict individuals from a senior citizen's property under this legislation.

However, the court highlighted an exception whereby eviction might be justifiable. If senior citizens have executed a gift deed or made similar arrangements based on an assurance of care, and that assurance is not fulfilled, eviction may be considered.

This significant ruling emerged from a case involving Onkar Nath Gaur and has addressed conflicting interpretations of the law. The bench also recognized the 'Savera Scheme,' which allows senior citizens to register for assistance via a helpline.

(With inputs from agencies.)

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