Can Senior Citizen Parents Evict a Son or Daughter From Their Mumbai Flat? What the Bombay High Court Says

Maintenance tribunals can order eviction to protect a senior citizen's home, the Bombay High Court held in 2026. But the Act is not a shortcut for property fights.

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Some of the hardest calls we get are from elderly owners who cannot live peacefully in their own flat. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can help, within limits.

When eviction was allowed

In Bholenath Mevalal Nishad v. Shyamdulari Mevalal Nishad (Bombay High Court, reported March 2026), a 73-year-old mother had been allotted a flat after redevelopment. Her son broke the lock and occupied it, forcing her to rent elsewhere. Justice N. J. Jamadar upheld the tribunal's eviction order. He held that "maintenance" includes residence, so a tribunal can order a child out to protect a senior citizen's right to live with dignity. The son was given three weeks to vacate.

The law protects a parent's right to live safely at home. It does not settle a family property dispute.

When it was not

In Jitendra Gorakh Megh v. Additional Collector (Bombay High Court Division Bench, 10 December 2025), a retired father sought his son's eviction from a bungalow without claiming maintenance or showing a need for protection, while a partition suit between them was pending. The Court set aside the eviction: the Act cannot be used as a tool for summary eviction where there is no maintenance or protection claim.

What this means

If a senior citizen is being kept out of, or harassed in, their own home, the maintenance tribunal is a real option.
If the fight is really about who owns the property, it belongs in a civil court.
Keep records: ownership papers, complaints, medical needs, and any police reports.

Planning ahead helps. See registering a will and nominee vs legal heir.

Frequently asked questions

Can a maintenance tribunal evict a son from his parents' flat?

Yes, in appropriate cases. In Bholenath Mevalal Nishad (2026), the Bombay High Court upheld an eviction order to protect a senior citizen's right to residence.

Can the Senior Citizens Act be used to settle a property dispute?

No. In Jitendra Gorakh Megh (2025), the Bombay High Court said it cannot be used for summary eviction without a genuine maintenance or protection claim.

Sources

This is general information, not legal or tax advice. Rules change, so check your own case with a lawyer or CA.

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