The Supreme Court ruled that parents can evict children from self-acquired property only if necessary for their protection under the Maintenance and Welfare of Parents and Senior Citizens Act.
New Delhi: The Supreme Court on Thursday (Mar 27) voiced concern over the decline of family values, citing the growing trend of legal disputes between children and parents over property ownership and maintenance. The court warned that the nation was heading toward a ‘one person, one family’ culture. It further ruled that parents could only evict their children from self-acquired property if such action was essential for their own safety and well-being.
"In India, we believe in Vasudhaiva Kutumbakam i.e. the earth, as a whole, is one family. However, today we are not even able to retain unity in the immediate family... The very concept of 'family' is being eroded and we are on the brink of 'one person, one family'," a bench of Justices Pankaj Mithal and S N Bhatti said.
The bench made these observations while hearing a property dispute case in which a man’s parents had sought his eviction from their home.
The Supreme Court clarified that the Maintenance and Welfare of Parents and Senior Citizens Act does not explicitly provide for eviction but allows it if deemed necessary to protect senior citizens. The court overturned an appellate tribunal's order under the Act, which had directed the eviction of a man from his parents' house at their request. The bench noted that the man was taking care of his parents and providing them with financial support, making eviction unnecessary.
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