Delhi govt eases norms for senior citizens to evict abusive children off their property

Elderly parents now have rights to throw out their abusive and greedy children from a self-acquired home by simply complaining to the deputy commissioner, rather than going to police or filing a lawsuit which is a cumbersome process. The Delhi government amended the provisions under maintenance and welfare of parents and senior citizens rules, 2009, allowing senior citizens to approach the area deputy commissioner with complaints against their children. “ If the DC finds that the son, daughter or legal heir of a senior citizen is not caring for him or ill-treating him, and yet occupying his self-acquired property, a notice will be issued to the accused party. The son or heir will get a chance to explain which, if found unsatisfactory, will lead to an eviction notice,” an official said. Earlier, the aggrieved parents had to approach police to file a criminal complaint against any torture or ill-treatment by their children, or go to a civil court for justice. But the judicial process is painfully slow as Indian courts are saddled with a backlog of millions of cases, and hence such an amendment was necessary. The amended rules put the responsibility on deputy commissioners to verify an elderly parent's complaint and evict a son or daughter within 21 days. The government's move is in line with the Delhi high court's ruling last November that a son, irrespective of his marital status, has no legal rights to live in his parents' self-acquired house, but can do so only at their mercy. The judgment is for a parent's self-acquired house only. You must not be confused with a Hindu person's birthright to his/her ancestral property. The high court upheld a trial court order, which has ordered a man and his wife to vacate a house after their parents sought their removal. The son and daughter-in-law claimed they were co-owners of the property, but couldn't prove it in court. The aim of the government is speedy justice. It is said that the entire process, from receiving a complaint to execution of the order, must be completed within 21 days.

The amendment is good news to major section of the society comprising of old age parents who were aggrieved of the abusive nature of their children on their self acquired property. Lately we've heard of numerous cases in the capital, wherein the children threw away the parents from their house in order to capture the property. With this relaxation in the law, number of such cases will reduce.