Senior citizens have right to property; kids are licensees’: Calcutta HC

Ground Report | New Delhi: Senior citizens have right to property; The Calcutta High Court on Friday upheld the right of a senior citizen of Fatehpur in West Bengal Nadia district to stay in his house and said that his son and daughter can be evicted as they are in excess of property. The occupants are the 'licensee' only. The court said that the right of a senior citizen to reside in his house should be viewed exclusively through the prism of Article 21 of the Constitution of India.

Justice Rajasekhar Mantha passed the order on July 23 after hearing the petitioner Rampat Sampath And the lawyers representing the state. The judge said, 'A nation which cannot take care of its old, elderly and weak citizens cannot be considered as fully civilised.'

Senior citizens have right to property

Acting on an order passed by the court on July 12, the Taherpur police evicted the petitioner's son and daughter-in-law from the property. The petitioner had approached the court to evict him. (Senior citizens have right to property)

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Justice Mantha in his order, citing the orders of the Delhi and Punjab and Haryana High Courts, said, "It is now well settled that the children and their spouses residing in the house of a senior citizen are 'at most a licensee'. . If senior citizens are not happy with their children and their families, then this license can also be terminated.

In this case, the court considered two issues. First, what is the availability of alternative measures as per the provisions of the Maintenance and Welfare of Senior Citizens Act, 2007. Second, how the right of residence of the daughter-in-law will be protected under the provisions of the Domestic Violence Act, 2005.

The court said that since the right of residence under any law has not been sought by the daughter-in-law in this case, the elders have the right to the property and the son and daughter-in-law can be evicted from the property.

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Justice Mantha said that it is very sad to force the persons who are in the last phase of their life to fight a legal battle for getting a place in the property, hence this Court is of the view that the principle of alternative remedy is not strictly applicable to the senior citizens. and the court should take steps to assist the senior citizen.

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