Senior Citizens Tribunal Can Order Eviction of

Children from Parents' Property: Supreme Court

Case Details

Case Title: Ravi Kant Gupta v. State of Uttar Pradesh & Ors.

Case No.: 22768 of 2024

Bench: Justice Pamidighantam Sri Narasimha

Justice Alok Aradhe

Counsel for Appellants: Adv. R. Anand Padmanabhan, Sr. Adv. Mr. Romil Pathak, Adv. Mr.

Aravind C., Adv. Mrs. Neha Pathak, Adv. Mr. Aryan Pathak, Adv. Mrs. Rashmi Singh, Adv.

Mr. Prashant Chaturvedi, Adv. Ms. Jagrati Singh (AOR)

Counsel for Respondents: Mr. Tanmaya Agarwal, AOR Mrs. Aditi Agarwal, Adv. Mr. Udit

Bhardwaj, Adv. Mr. Suryodaya Prakash Tiwari, Adv. Mr. Devendra Kumar Shukla, AOR Ms.

Shachi Pandey, Adv. Mr. Rakesh Kumar Tewari, Adv. Mr. Rahul Kumar

Date of Judgment: 4 August 2026

Background of the Case

The appellant owned a residential house in Lucknow, where his son and daughter-in-law also

lived with him. His 81-year-old mother had been forced to leave the house and stay in an old-

age home. Seeing her suffer, he then approached the authorities under the Maintenance and

Welfare of Parents and Senior Citizens Act, 2007, seeking his son's eviction from the

property. The subdistrict magistrate found that the property was his own property and that his

son had prevented his grandmother from staying there. The SDM ordered the eviction of his

son; it was later upheld by the District Magistrate on 9 August 2023.

The son and daughter-in-law then approached the Allahabad High Court. The High Court

held that the authorities had no power to order eviction under the Act and set aside their

orders. He then filed a review petition that was also dismissed, leading him to approach the

Supreme Court for an appeal of his case.

Issues

The main issue before the Supreme Court was whether the Tribunal under the Senior Citizens

Act, 2007, can order eviction of a child from a senior citizen's property when such eviction is

necessary for the senior citizen's maintenance and protection.

Supreme Court’s Order

The Supreme Court held that the Tribunal does have the power to order eviction when it is

necessary to ensure the maintenance or protection of a senior citizen. The Court further relied

on earlier decisions, including S. Vanitha v. Deputy Commissioner and Samtola Devi v. State

of U.P.Accordingly, the Supreme Court set aside the Allahabad High Court's orders and

restored the eviction orders passed by the SDM and District Magistrate. The appeals were

allowed without any order as to costs.

Conclusion

The Supreme Court’s decision in Ravi Kant Gupta v. State of Uttar Pradesh & Ors.

strengthens the protection available to senior citizens under the Maintenance and Welfare of

Parents and Senior Citizens Act, 2007. The Court made it clear that the purpose of the Act is

not limited to providing financial maintenance but also includes protecting the dignity, safety,

security and peaceful living of elderly persons.