HC: Senior Citizens Tribunal cannot decide property ownership disputes involving third parties

“There is no conferment of jurisdiction to adjudicate questions relating to property and ownership rights particularly where there is a dispute with third parties.”

Recently, the Allahabad High Court has ruled that a Maintenance Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, does not possess jurisdiction to determine property ownership claims, particularly when the dispute involves third parties. The Court clarified that such matters fall within the exclusive domain of civil courts having competent jurisdiction.

The Division Bench comprising Justice Arindam Sinha and Dr. Justice Yogendra Kumar Srivastava delivered the ruling in a writ petition filed by a senior citizen who alleged that his neighbours were obstructing the construction of a gate on his property and threatening him. The petitioner sought protection of his life and property under Rule 21 of the Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rules, 2014, and also relied on Sections 20 and 21 of the Act, arguing that the legislation extended protection against harassment from any person, not just children or relatives.

The Court found the statutory provisions cited by the petitioner inapplicable. It explained that Sections 20 and 21 of the Act, which relate to medical support and awareness measures for senior citizens, did not provide a basis for the relief sought. The Bench found that the grievance concerned a property-related obstruction by neighbours—an issue that did not fall within the scope of the 2007 Act. 

The Court emphasised the limited jurisdiction conferred upon maintenance tribunals under the Act, while stating, “The maintenance tribunals constituted under the Act have been empowered to entertain applications relating to claims for maintenance against children, or in case of a childless senior citizen against his relative who would inherit the property. There is no conferment of jurisdiction to adjudicate questions relating to property and ownership rights particularly where there is a dispute with third parties.”

It further observed that the objective of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was to address the neglect faced by elderly citizens due to the declining joint family system and to ensure basic financial and physical care for parents and senior citizens through maintenance provisions.

Finding no infringement of any legal right under the Act, the Court dismissed the writ petition, while clarifying, “The dismissal will not prevent him from finding his remedy as may be available in law.”

Case Title: Ishak vs. State of U.P. and 4 others

Case No.: WRIT - C No. - 18408 of 2025

Coram: Justice Arindam Sinha and Justice Dr. Yogendra Kumar Srivastava

Advocate for Petitioner: Adv. Akhilesh Kumar Singh