A 95-year-old man, wishing to live in peace, has had his wish granted by the Bombay high court. His daughter was ordered to leave his house in Altamount Road in south Mumbai. Justices Gautam Patel and Madhav Jamdar on the HC division bench upheld an order directing her to vacate and said the law intended to protect senior citizens contemplated anyone being evicted from a house.
The HC said that in their experience particularly among the wealthy in the city, elderly parents and senior citizens are harassed and deprived in their golden years. Every time they receive complaints from senior citizens about their children harassing them involving grabbing their property without thinking about his or her emotional, physical, or mental well-being’.
The bench had even spoken with the nonagenarian over the Internet where he had been ’emphatic’ and ‘unambiguous’ stating that he did not want his daughter in his house ‘for one minute longer’. The father complained that she was demanding ‘her share’. The HC said, ‘What is her ‘share’ while he is alive? She has none. He may give his flat and all wealth away inter vivos. That is his choice. She cannot prevent him from doing so. So long as he is alive, (the daughter) has no ‘share’ in his property’.
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As per the judgment of the HC on November 25, released on Monday, she challenged a November 27, 2020, order of the welfare tribunal and deputy collector in Mumbai on her father’s complaint of harassment and alleged ill-treatment. The father, who has four daughters, objected to his German daughter, who is a singer, continuing to stay in his house. The father is the sole and absolute owner of the flat, and his daughter has ‘no right to reside there,’ the HC ruled.
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