Senior citizens ill treated by their children or legal heirs can have them evicted from their properties through a simple complaint to the area District Magistrate, with the Delhi Government notifying an amended law.
Gazette notification
Till now, if parents wanted to take action against children who lived in their homes for either mistreating or neglecting them, they had to approach the police, file a complaint and take up the matter in court. But, with the gazette notification of the Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2017 in the Delhi Gazette on July 28, the process has been simplified.
Social Welfare Minister Rajendra Pal Gautam said that while senior citizen parents could take action against children for ill-treating them, now action could be taken quicker.
According to the gazette notification, senior citizens can make an application before the Deputy Commissioner/District Magistrate of their area for the eviction of a child or legal heir from their property, “whether movable or immovable, ancestral or self acquired, tangible or intangible...”
The amendment empowers the DMs to assess the situation and initiate eviction proceedings against a child or legal heir of a senior citizen if he or she is found “not maintaining the senior citizen” or ill-treating while occupying the property. The DM can then issue show-cause notices to those concerned asking why an order of eviction should not be issued.
Long court cases
While the Social Welfare Department of the Delhi Government had notified this amendment in December 2016, it was only published in the gazette on July 28, the date from which it applies.
The amendment is aimed at preventing abuse of seniors by children, particularly over matters of property and inheritance. While the Delhi High Court had ruled in March that parents could evict children who were abusing them, Delhiites stuck in similar situations have a quicker solution now, with court cases dragging on for years.
