The Bombay High Court Justice G.S. Kulkarni in the case titled Ashish Vinod Dalal & Ors. v. Vinod Ramanlal Dalal & Ors. dated 15-9-2021 saddened by the misery of elderly parents, directed the son and his family to vacate the flat of elderly parents.
Facts of the case:
In the instant case, petitioner no. 1 (Son) alongwith petitioner no. 2 (wife of petitioner No. 1) and petitioner No. 3 (daughter) dragged respondent Nos. 1 and 2 (Parents aged 90 and 89) years in protracted legal proceedings. As a last resort, the parents had to invoke the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 on which the Maintenance Tribunal granted relief to the parents. Petitioners filed the petition against said order of the Maintenance Tribunal.
The misery of the parents at such an advanced stage of their lives, parents had to reach the tribunal as Petitioner Nos. 1 and 2 were forcibly trying to grab the flat in which the parents were residing and had permitted the petitioners to reside who were harassing and torturing the parents since many years. The flat in question belong to the father who gifted the flat in favour of his two daughters (sisters of petitioner no. 1) by registered gift deed. According to the parents, the daughters have permitted the parents to occupy the flat considering their old age.
Court’s observation and Judgment:
The High Court observed that this is a classic case where the petitioner nos.1 and 2 intend to prevent the parents from leading a normal life at their old age of about 90 years. The several legal proceedings between the parties are the evidence of the feeling of torture and harassment by the parents. The property in question is not an ancestral property on which the petitioner no.1 can claim any legal right so as to keep himself on such property alongwith his family and foist themselves on the parents against their wishes by remaining on the property without any legal rights. This itself is a harassment and/or defeating the parents right to lead a normal life.
“Daughters are daughters forever and sons are sons till they are married” albeit there would surely be exemplary exceptions.
The petitioners are directed to vacate the flat in question alongwith his family members within a period of ten days from today, failing which as ordered by the tribunal in the impugned order, the respondents shall be evicted with the help of the police.
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