Delhi Court Upholds Senior Citizens Rule To Evict Children From Property

The Delhi High Court has held that the District Magistrate has the power to order eviction of a son, daughter or legal heir from a senior citizen's property in cases of non-maintenance and ill-treatment under the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009.A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said the eviction provisions under Rule 22(3)(1)(i) and (iv) of the 2009 Rules are within the framework of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.The court held that the provisions derive their authority not only from Section 32 of the Act, which deals with rule-making powers, but also from Section 22, which requires the State Government to prescribe a comprehensive action plan for protection of the life and property of senior citizens.The Bench made these observations while dismissing a plea filed by Punam, a daughter-in-law, challenging an…