SENIOR CITIZENS RIGHT FOR EVICTION Versus. DAUGHTER IN LAWS RIGHT AGAINST EVICTION; SENIOR CITIZENS RIGHT WILL PREVAIL

Senior citizens are a valuable part of society.  As they grow old, it becomes essential to ensure that they live with dignity, security, and respect. A senior citizen is generally an older adult who has attained a certain age, in India an individual is considered to be a senior citizen if he has attained the age of 60 years or above.

Senior citizens have special rights to ensure that they live with dignity, safety, and care in their old age. These rights are protected by laws, social programs, and international declarations. These are designed to protect their well-being, promote independence, and ensure that they are not subjected to neglect, abuse, or discrimination. Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a central law under which rights of the senior citizens against the society and their family are protected.  The law establishes provisions for senior citizens to claim maintenance from their children or grandchildren, in case of failure they can be legally punished.

Senior Citizens also have a right to get their child/daughter-in-law/any legal heir evicted from their house/property, in case they are causing:-

·        Harassment

·        Ill-treatment

·        Mental or physical abuse

·        Financial abuse

·        Willful neglect

·        Isolating or restricting in an area

·        Not providing basic amenities

·        Not providing food, shelter, clothing

·        Causing injury.

·        Creating an atmosphere which is not suitable for aged ones.

·        Disturbing / harming mental peace etc.

The senior citizen can simply file an application before the Deputy Commissioner/District Magistrate of their district for eviction of their child or daughter-in-law or their legal heir from their property. The procedure for application has been made as that of summary proceedings for early disposals.

Supreme Court while discussing the essence of the Senior Citizens Act in Urmila Dixit v. Sunil Sharan Dixit and Ors. 2025(1) RCR (Civil) 435, said that this act is a beneficial piece of legislation, aiming to secure the rights of senior citizens against challenges faced by them. It is interpreted and a constructed to advance the remedies for the senior citizens. The court also highlighted that it is a social obligation for both sons and daughters to maintain their parents when they are unable to do so.

There may arise a conflicting situation when a senior citizen has filed an application for eviction of their daughter in law, and subsequently the daughter in law files an application before the protection officer under the Protection of Women from Domestic Violence Act, 2005 challenging the eviction and claiming to stay in a shared household.

In S. Vanitha v. Commr., Bengaluru Urban District, (2021) 15 SCC 730,  the Hon’ble Supreme Court stated that in situations where both statutes overlap, a harmonious construction must be adopted, balancing the daughter-in-law’s right to reside in the shared household against the senior citizen’s right to live a peaceful life. The Court stated that it must ensure that neither right was against each other, but instead coexists to the extent possible. The daughter-in-law’s right under the DV Act was acknowledged, it did not supersede the right of the senior citizen to seek relief under the Senior Citizens Act when there was evidence of gross ill-treatment.

The same was held in the Vinay Varma v Kanika Pasricha, (2019) SCC Online Del 11530 by Delhi High Court, that in case the son or his family is ill-treating the parents then the parents would be entitled to seek unconditional eviction from their property so that they can live a peaceful life and also put the property to use for their generating income and for their own expenses for daily living.

CHECK OUT PREVIOUS BLOG FOR MORE DETAILS https://www.singhlawyers.com/post/conflicting-right-of-daughter-in-law-to-reside-vis-%C3%A0-vis-right-of-senior-citizens-to-seek

Also in Smt. Santosh Tyagi v. Government of NCT of Delhi and Ors., 2023 SCC Online Del 5947, court held that authorities under the Senior Citizens Act, can issue eviction orders against a daughter-in-law, even if a protection order under the DV Act is in place. In this case daughter-in-law and her husband had created a hostile environment for the senior citizen, accusing them of economic exploitation, confining her to a single room, and subjecting her to emotional harassment. These actions were deemed gross ill-treatment under the Senior Citizens Act, warranting the eviction. The Court noted that the senior citizen has the right to choose how she wishes to live and should not be forced into a living situation that adds to her distress. In order to strike a balance and as it is duty of the husband to maintain his wife, husband was ordered to pay monthly maintenance to his wife, after she was made evicted from the property owned by the senior citizen parents of the husband.

Earlier the situation was that the eviction could only be sought against self-acquired property. Now the situation has changed. Legislation and courts are also having the view that eviction could even be sought against ancestral property under certain circumstances. Certain amendment are evident in the Senior Citizen Rules, where property apart from Self-acquired property is now also being recognized as subject matter for seeking eviction. In Pooja Mehta and ors. v. Govt. of NCT of Delhi and ors. 2025 NCDHC 4424, Supreme Court recognized property was registered in the name of registered company, which the senior citizen was having its majority share, eviction was sought by the senior citizen, against son and daughter-in-law which were having no share in the said property. The court despite knowing the fact that it is neither ancestral nor self-acquired property evicted them, as the pre-condition is that the senior citizen should have interest in the property (in some or the other way), and they are subjected to harassment and ill-treatment. So, now Eviction could be sought against property of any kind:-

·        movable or immovable

·        ancestral or self-acquired

·        tangible or intangible

·        also include rights or interests in such property.

So, in this way Courts have kept the rights of the senior citizen above the rights of the daughter in law and have given paramount consideration to the Rights of Senior Citizens. Therefore, the eviction right of senior citizen will prevail over the right of daughter-in-law/ any other legal heir to stay in a shared property. Property could be of any description, what matters is whether the property belongs to senior citizen or not and are they able to enjoy its peaceful possession or not.