Old age doesn't mean humiliation: SC on parents' right to evict children

The Supreme Court on Thursday ruled that elderly parents can seek the eviction of children or relatives from their homes if they fail to respect and protect them. It said advancing age does not mean having to live with humiliation, neglect or insecurity.The court was hearing a case involving Lucknow resident Ravi Kant Gupta, who had approached the Supreme Court after the Allahabad High Court in 2023 set aside orders passed by the Sub-Divisional Magistrate and District Magistrate directing his son and daughter-in-law to vacate his home. Gupta challenged the High Court's view that the tribunal did not have the power to order such an eviction.A bench of Justices PS Narasimha and Alok Aradhe overturned the Allahabad High Court order, holding that the Maintenance Tribunal can order children or relatives to vacate property when necessary to protect the safety, dignity and well-being of senior citizens.The Maintenance Tribunal, constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is empowered to order children or relatives to vacate property when necessary to protect the elderly. The Supreme Court also held that tribunals constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, have the power to order children or relatives to leave a property when necessary to protect the elderly.The ruling also clarified that failure to respect and care for elderly parents can have consequences for claims over family property.ABOUT THE CASE The case involved Gupta and his son and daughter-in-law, who were occupying his property. According to details reported by The Law Advice, Gupta's 81-year-old mother had been forced to leave the premises and was living at an old-age facility.Gupta subsequently approached the authorities under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking the eviction of his son from the property, The Law Advice reported.The Sub-Divisional Magistrate, in an order dated November 15, 2022, held that the property was Gupta's self-acquired property and ordered his son to vacate it.Gupta's son and daughter-in-law challenged the order before the District Magistrate under Section 16 of the 2007 Act. The District Magistrate dismissed their appeal on August 9, 2023, upheld the eviction order and directed them to hand over possession of the property to Gupta, according to The Law Advice.They then approached the Allahabad High Court, which then cancelled the SDM's order and the District Magistrate's order. A review petition filed by Gupta was also dismissed by the High Court in January 2024, prompting him to go to the Supreme Court.The Supreme Court rejected the Allahabad High Court's interpretation, holding that the High Court had wrongly concluded that the authorities did not have the power to order eviction under the 2007 Act, The Law Advice reported.'CIVILISED SOCIETY JUDGED BY DIGNITY'The Supreme Court stressed that growing old should not force a person to live with disrespect, neglect or insecurity. A civilised society, the court said, is judged by the dignity, respect and security it provides to its elderly citizens.The court also referred to the constitutional framework protecting the right to a dignified life under Article 21 and the state's responsibility towards senior citizens under Article 41.The ruling effectively reinforces the legal protection available to elderly parents who face neglect or insecurity within their own homes, while recognising the Maintenance Tribunal's authority to take steps to protect them.- EndsPublished By: Prateek ChakrabortyPublished On: Aug 20, 2026 14:28 IST