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Domestic Violence

Abusing an elderly parent? You could face eviction in India.

By June 22, 2019March 14th, 2022No Comments

Ill treatment of senior parents in India can get the progeny evicted from the parental home. If the parent decides to place a complaint to authorities, legal heirs can no longer hope to live in the parental home. Moreover, the dispensation of the case has been made a state law and order subject, making the path to justice many steps simpler for the complainant.

Read the Delhi High Court ruling.

Property ownership can be revoked

TheMaintenance and Welfare of Parents and Senior Citizens Act, 2007says: “If a senior citizen after the commencement of this Act, has transferred his property either moveable or immovable, by way of gift or otherwise, subject to the condition that the transferee shall provide him basic amenities and physical needs and thereafter such transferee reuses or fails to provide such promise, such transfer of property shall be deemed to have been made by fraud, coercion or undue influence and the Tribunal can declare such transfer as void.”

Unfortunately, most seniors don’t know their rights

Even if things are fine at home, there’s no harm in being aware of your rights. There are far too many instances of parents being dispossessed of their homes and savings for one to brush it off as something remote. If nothing else, this knowledge can help us guide others to secure their lives.

The law is squarely on their side. And they should know it.

 More on the recent ruling:

https://indianexpress.com/article/cities/delhi/authorities-can-evict-children-who-dont-care-for-parents-delhi-hc-5760680/

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 + FAQs:

http://vikaspedia.in/social-welfare/senior-citizens-welfare/policies-and-acts-1/maintenance-and-welfare-of-parents-and-senior-citizens-act-2007