Bombay High Court Upholds Eviction Of A Son From The Self-Acquired Property Of Parents : Son Cannot Say His Parents Lost Mental Balance
Bombay High Court Upholds Eviction Of A Son From The Self-Acquired Property Of Parents : Son Cannot Say His Parents Lost Mental Balance
While evicting a son from the self-acquired property of his father, the Bombay High Court ruled that the son can’t claim that his parents lost mental balance.
As per the Bench of Justice Rohit Deo, in Indian society, a son can’t call his aged father a swindler and say his parents have lost their mind.
The court also opined that the physical and emotional well-being of the parents can’t be ensured till the son leaves the residential house.
In this case, aged parents had moved the Tribunal U/S. 5 of Maintenance and Welfare of Parents and Senior Citizens Act of 2007 and submitted that their son and daughter-in-law were harassing them physically and mentally.
The parents further said that the son has taken possession of a part of the house and is conducting himself in a threatening manner. The father further said that he is unable to get his heart surgery done due to a lack of funds and if the son leaves the house his portion can be rented out for income.
On the other hand, the son submitted that his father is not a heart patient and the Tribunal erred in treating the case as an eviction suit. At the outset, the court referred to Santosh Surendra Patil vs Surendra Narasgopnda & Ors to rule that there is no illegality in evicting the son to ensure the peace of the parents.
The court further said proceedings U/S. 5 of the Act can’t be treated like an eviction suit but if there is a genuine threat to the physical and mental well-being of parents then the Tribunal can also order eviction.
Title: Namdeo & Anr vs State of Maharashtra & Ors
Case No.: WP No.: 2035/2020
