Eviction under India’s Maintenance and Welfare of Parents and Senior Citizens Act, 2007, allows senior citizens to seek eviction of children/heirs from their property, but it’s a discretionary remedy, not automatic, used for genuine cases of harassment, neglect, or failure to maintain, not just property disputes. A Tribunal can order eviction if the child breaches their obligation to maintain the parent, but courts emphasize it’s an exceptional measure, requiring proof of abuse or neglect, and not a substitute for regular property law if the senior citizen is financially secure and not seeking maintenance, according to rulings by the Bombay High Court and Supreme Court. [1, 2, 3, 4, 5] 


Grounds for Eviction

• Harassment & Abuse: Mental, physical, or financial abuse, creating an unsuitable atmosphere, or causing mental distress.
• Neglect: Willful neglect, failure to provide basic amenities (food, shelter, clothing).
• Breach of Obligation: When a child fails to fulfill their statutory duty to maintain the senior citizen, as per Sections 4 & 5 of the Act. [1, 2, 3, 6] 

Key Legal Principles & Rulings

• Discretionary Remedy: Eviction is an extraordinary step, not automatic, and requires the Tribunal to record specific reasons.
• Link to Maintenance: Eviction orders are sustainable when linked to a claim for maintenance or protection from neglect.
• Not for Property Disputes: Cannot be used by financially independent parents to settle property issues or remove adult children without genuine need for protection, clarified by the Bombay High Court.
• Tribunal’s Power: Tribunals have jurisdiction to order eviction if necessary for the senior citizen’s protection, but must justify the necessity. [1, 3, 4, 5, 7, 8] 



Procedure

1. Application: File an application with the Deputy Commissioner/District Magistrate in your district.
2. Summary Proceedings: The process is designed as summary proceedings for quicker disposal. [2] 

Important Considerations

• Proof is Key: Courts look for evidence of real mistreatment or neglect, not just claims to gain property control.
• Ancestral Property: Eviction may not be ordered if the property is ancestral or family-owned, as the Act primarily protects the senior citizen’s property, say LawRato. [1, 7] 

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[1] https://lawbeat.in/news-updates/eviction-under-senior-citizens-act-unsustainable-when-senior-citizen-is-financially-secure-no-neglect-is-shown-bombay-hc-1545854
[2] https://www.singhlawyers.com/post/senior-citizens-right-for-eviction-versus-daughter-in-laws-right-against-eviction-senior-citizens
[3] https://www.facebook.com/livelaw.in/posts/the-supreme-court-reiterated-that-a-tribunal-under-the-maintenance-and-welfare-o/1230695389095490/
[4] https://www.facebook.com/outlookmoney/posts/can-a-parent-evict-an-adult-child-without-seeking-maintenance-the-bombay-hc-says/1262539779239676/
[5] https://www.casemine.com/commentary/in/eviction-as-an-extraordinary-but-permissible-remedy-under-section-23-of-the-senior-citizens-act:-commentary-on-soumya-v.-ratnakumari/view
[6] https://www.scconline.com/blog/post/2025/09/26/supreme-court-eviction-of-children-from-senior-citizens-property/
[7] https://lawrato.com/property-legal-advice/eviction-from-property-by-missusing-senior-citizen-act-265304
[8] https://www.casemine.com/commentary/in/eviction-is-a-discretionary-remedy-under-the-senior-citizens-act:-a-clarification-from-the-supreme-court/view

Eviction Lawyers Chandigarh Panchkula Mohali