Senior Citizens Act — Eviction Jurisdiction · 19 August 2026
Senior Citizens Tribunal Can Order Eviction of Children From a Parent's Self-Acquired Property, Supreme Court Reiterates
Supreme Court of India · 2026 LiveLaw (SC) 824
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A father sought eviction of his son and daughter-in-law from his self-acquired house in Lucknow under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, after his 81-year-old mother was allegedly forced out of the house and made to live in an old-age facility. The Sub-Divisional Magistrate and, on appeal, the District Magistrate both ordered the son and his wife to hand over possession. The son and daughter-in-law challenged these orders before the Allahabad High Court, which quashed them, holding that the 2007 Act does not empower authorities to order eviction from immovable property.
The Supreme Court disagreed and restored the eviction orders. It held that tribunals constituted under the Act conduct a summary inquiry with the powers of a civil court, that Section 27 of the Act bars the jurisdiction of civil courts over such disputes, and that a statute conferring jurisdiction also impliedly grants the powers necessary to make that jurisdiction effective — including, where necessary, ordering eviction to secure a senior citizen's maintenance, protection and dignity.
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