Jharkhand High Court Upholds Senior Citizens’ Right to Evict Son from Self-Acquired Property
Lakhan Lal Poddar & Anr. v. State of Jharkhand & Ors.
The Jharkhand High Court set aside an appellate order that had favoured a son and daughter-in-law in a dispute over a senior citizens’ self-acquired property. The case arose after elderly parents initiated proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, alleging harassment and ill-treatment by their son and daughter-in-law. The Sub-Divisional Magistrate had earlier directed the son and daughter-in-law to vacate the house to ensure the parents’ peaceful living.
However, the Deputy Commissioner, acting as the Appellate Authority, later modified that eviction order. Challenging this, the parents approached the High Court. Justice Rajesh Kumar held that the 2007 Act is a welfare legislation meant to protect the dignity, life, and property of senior citizens. Observing that the house was the self-acquired property of the father and that co-existence between the parties was not possible, the Court ruled that the parents were entitled to exclusive peaceful possession.
The Court also emphasised that inheritance carries corresponding duties, and children cannot claim property benefits while failing to provide a secure and respectful environment to their parents. Setting aside the appellate order dated 23.02.2024, the High Court restored protection in favour of the senior citizens and disposed of the writ petition.
