Supreme Court allows senior citizens tribunal to order eviction of children from parents' property

This case concerns whether the tribunals constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 have the legal power to order the eviction of a son from his father's property to ensure the protection and maintenance of a senior citizen. The Supreme Court resolved this conflict by affirming that such tribunals do possess this authority.

Who it concerns: The matter involves Ravi Kant Gupta (Appellant/Petitioner, the father) versus the State of Uttar Pradesh and others (Respondents, including his son and wife). The bench consisted of Justice Pamidighantam Sri Narasimha and Justice Alok Aradhe.

What the court decided

• The Supreme Court set aside the High Court's judgment dated 06.10.2023 and the review order dated 29.01.2024.
• The Court restored the orders passed by the Sub-Divisional Magistrate and District Magistrate under the Act, which directed the eviction of the son and wife from the premises.
• The Court held that the tribunal under the Act has the power to order eviction if it is necessary and expedient to ensure the maintenance and protection of a senior citizen.

Also in the document

• The Court explicitly stated that the High Court's reliance on the precedent 'Abhishek Tiwari v. State of U.P.' was misconceived.
• The Court cited multiple previous Supreme Court decisions (including a three-Judge Bench in 'S. Vanitha v. Deputy Commissioner') to support the view that eviction is an incident of enforcing the right to maintenance and protection.
• The order was passed on August 04, 2026.