No legal right to flat, hand it over to 88-year-old mom, Bombay HC orders man & wife, Legal News, ET LegalWorld – Legal Firms

MUMBAI: Observing that they have no legal right to their 88-year-old mother’s flat so as to evict her and take exclusive advantage of it, the Bombay high court has upheld the Senior Citizens Welfare Tribunal’s order that directed a son and his wife to vacate the Ghatkopar (east) flat and hand over its possession to the octogenarian.

“In fact, the petitioners should have, with honour, allowed the respondent-mother to stay in the said flat,” said Justices Sanjay Gangapurwala and R N Laddha in the October 20 judgment. The son, aged 62, and daughter-in-law, aged 60, had challenged the tribunal’s July 28 order.

Their advocate Pradeep Thorat argued that the mother is not the sole owner of the flat and the tribunal did not follow summary procedure under the Maintenance of Parents and Senior Citizens Act, 2007 so that the son could lead evidence. He said the mother’s flat is merged with three others owned by his clients and there is no separate entrance to it. As per an August 2009 family arrangement, they are entitled to her flat, Thorat added.

The mother’s advocate Dinesh Purandare said she was not allowed to close the inter-connected doors and was constantly pressured and threatened to vacate the flat. Relatives were prohibited from meeting her.

The judges noted that the flat was purchased by the parents – the father had filed a nomination with the society in favour of the mother and after his death it was transferred to her. The son at no point had objected to the transfer. “In view of these well-established facts, it was not a summary case that necessitates oral evidence,” they added.

The judges further noted that the couple has other flats also. In the family settlement deed, it has been recorded that the whole estate, comprising movable and immovable properties, of the father be transferred to his widow.

“We do not find any document on record showing that the petitioners have any independent rights regarding the flat in question…it is clear that the petitioners have no legal right whatsoever in the flat in question to sustain a claim that they can evict the mother and take advantage of the said flat,” they said, adding that there is no perversity in the tribunal’s order for the HC to interfere.

The mother had sought monthly maintenance due to her ill-health as the son does not pay for her maintenance and medical treatment. A police complaint was filed that she was forced to sign a gift deed for two flats.

“We do not find anything on record to show the contrary. If the petitioners are not maintaining respondent-mother and are creating a nuisance and emotional disturbances to her, the whole purpose of the Act would be frustrated,” the judges said.

They modified the tribunal’s order to pay maintenance of Rs 25,000 to Rs 10,000, as it was the maximum it could order.

The HC judges allowed the couple’s request for stay, adding, “on lapse of three weeks, the protection granted shall come to an end”.