Denial Of Access To One’s Own Home Equates to Denial Of Basic Facilities: Bombay HC

Denial of access to one’s own home equates to denial of basic facilities, declared the Bombay High Court while ordering an elderly woman’s son and daughter-in-law to vacate her premises in suburban Juhu. Justice Sandeep Marne recently affirmed the Senior Citizens Maintenance Tribunal’s decision to revoke two gift deeds completed by an elderly woman in favour of her younger son and ordered the son and daughter-in-law to evacuate the property. Justice Marne also ruled that the son had failed to fulfil his obligation to support his bereaved mother with basic amenities.

The mother had filed a complaint with the tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act. Her son allegedly threatened her with the execution of the gift deeds while her husband was in the ICU. She further alleged that the petitioners barred her from entering her own bungalow, where she had lived for 30 years. She said that after her husband died, she was left without a place to live owing to a disagreement with her son, leaving her to live in a rented flat.

Her son’s lawyer claimed that the elder sibling instigated the mother against him. The mother’s advocate claimed that the younger son was hiding original property records and unfairly profiting from his mother’s properties. The court dismissed the mother’s assertion that her elder son motivated her activities, noting that her charges were supported by documentation and that the alleged inducement was not a sufficient reason to dismiss her case.

The court supported the tribunal’s order to revoke the gift deeds, remove the petitioners, and prohibit them from tormenting her emotionally or physically. The court, on the other hand, extended the interim injunction granting the status quo for six weeks.