No eviction under Senior Citizens Act unless gift deed conditions violated: Allahabad HC

Lucknow: The Lucknow bench of the Allahabad High Court has ruled that tribunals and district magistrates cannot evict any person from a senior citizen's property under the Maintenance and Welfare of Parents and Senior Citizens Act.

The bench, however, suggested an exception where the senior citizens or the parents have executed a gift deed, or otherwise, in favour of somebody on the assurance that he would take care of him but after the gift deed, he fails to fulfil his assurance.

A full bench comprising Justice AR Masoodi, Justice Jaspreet Singh and Justice Subhash Vidyarthi passed the verdict while allowing the reference made to it on the issues emanating from a petition filed by one Onkar Nath Gaur.

In its judgment, made available on Wednesday, the full bench observed, "This court does not find that under the (Senior Citizens) Act 2007, there is any indication in any provision or rule which creates or confers special powers to take such action and pass an order of eviction against any third party or a person who may be living with the senior citizen or in the premises belonging to the senior citizen." Taking note of 'Savera Scheme' launched by the Uttar Pradesh government, the bench noticed that senior citizens can get themselves registered at Helpline number 112 for help at any time.

In the case, reference was made to the full bench as there had been conflicting views of different benches on the issue as to whether the authorities under the Act can order the eviction of relative or any other person from the property of the senior citizens or not.