Manju Tokas v. Government (NCT Of Delhi), 2024 SCC OnLine Del 3974
The Hon’ble High Court of Delhi recently re-affirmed that the Authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot adjudicate the dispute over the title of the property.
Facts: There was a property which stood in the name of one Mr. Ajay Tokas, however he expired and the Petitioner herein claims that the deceased bequeathed her the property being his wife while the Respondent No. 3 herein claimed that the deceased i.e., her son executed sale deed in her favour.
The Respondent No. 3 approached the authorities under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as The Act) seeking eviction of the Petitioners on the ground of ill-treatment and non-maintenance.
The present case was filed by the Petitioners against the Impugned Order of the Divisional Commissioner i.e., Respondent No. 1 wherein the District Magistrate was directed to adjudicate afresh whether the Respondent No. 3 is being ill-treated and rejected the Petitioners’ averments that the District Magistrate cannot entertain an application under the Rule 22 under the Senior Citizens Act, 2007 if the title of the property is disputed.
Questions for Consideration: When the title of the property is dispute, whether the Authorities under the Senior Citizens Act has the authority to hear application under the Act or it has to wait till the dispute over title is settled?
Held: The Hon’ble Delhi High Court after going through the provisions of the Senior Citizens Act arrived at the conclusion that the even if the Senior Citizen have modicum of right over the property, then they are entitled to seek the relief under the Senior Citizens Act. Further if the Act is interpreted to mean that the Authority has to wait till the dispute over title to be settled to hear the application under the Act, then it would defeat the purpose of the Act.
The High Court further made it clear that the Authority under the Act is meant to ensure the maintenance and welfare of the Senior Citizen instead of adjudicating upon the dispute over the property.
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