Senior Citizens Act — Tribunal's Eviction Power · 19 August 2026
Ravi Kant Gupta v. State of Uttar Pradesh & Ors.: Senior Citizens Tribunal's Eviction Power Includes Evicting a Son Who Denies His Own Grandmother Residence
Supreme Court of India · 2026 LiveLaw (SC) 824
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Ravi Kant Gupta, the owner of a self-acquired house in Lucknow, approached the District Magistrate in June 2022 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, after his own 81-year-old mother was allegedly forced out of the house and made to live in an old-age facility because his son had not permitted her to stay there and had created a nuisance. The Sub-Divisional Magistrate ordered the son's eviction in November 2022, and the District Magistrate upheld this in August 2023, directing the son and daughter-in-law to hand over possession to Gupta. The Allahabad High Court quashed both orders, holding that the Senior Citizens Act did not empower authorities to order eviction at all.
The Supreme Court (Justice P.S. Narasimha and Justice Alok Aradhe) restored the eviction order, holding that tribunals under the Act have the necessary incidental power to order eviction of children or relatives from a senior citizen's property where this is required to secure the senior citizen's maintenance, protection and dignity — reasoning that a statute conferring jurisdiction impliedly grants the powers needed to make that jurisdiction effective, and noting that Section 27 of the Act bars civil courts from second-guessing this summary process.
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