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Senior Citizens and Eviction Rights Under the Maintenance Act

5 November 2024

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a landmark legislation that protects the rights of senior citizens.

Section 23 of the Act is extremely powerful: if a senior citizen has transferred their property to any person on the condition of maintenance, and that person fails to provide maintenance, the transfer can be declared void.

The Punjab & Haryana High Court has consistently upheld the right of senior citizens to have their children or relatives evicted from their property if those persons are causing mental and physical harassment.

Each district has a Maintenance Tribunal headed by the Sub-Divisional Magistrate, which can order monthly maintenance, order eviction of the harassing person, and direct the return of property. Senior citizens should not suffer in silence — the law is on their side, and the remedies are swift and accessible.

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