Senior Citizen Maintenance Tribunal Can't Adjudicate On Property Ownership Claims: Allahabad High Court Reiterates

The Allahabad High Court has held that the Maintenance Tribunal under Section 7 of the Senior Citizens Act, 2007 does not have the power to adjudicate property ownership claims especially in case of third party dispute, and the same must be adjudicated before the Civil Courts.Observing that the Senior Citizen Act is aimed at providing maintenance and for welfare of senior citizens, the bench of Justice Arindam Sinha and Dr. Justice Yogendra Kumar Srivastava held,“The maintenance tribunals constituted under the Act have been empowered to entertain applications relating to claims for maintenance against children, or in case of a childless senior citizen against his relative who would inherit the property. There is no conferment of jurisdiction to adjudicate questions relating to property and ownership rights particularly where there is a dispute with third parties. Disputes in this regard are to be adjudicated before the Civil Courts of competent jurisdiction.”Petitioner approached the seeking protection of his life and property under Rule 21 of UP Maintenance and Welfare of Parents and Senior Citizens Rules, 2014. It was pleaded that the petitioner was threatened by the private respondents because he wanted to construct a gate on his private property. It was argued that the Senior Citizen Act and Rules protect them not only against their children but also against third parties. The Court observed that the Act was enforced to protect the senior citizens who were neglected due to withering joint family structures in India. It observed that Section 4 of the Act entitles a senior citizen who is unable to fend for themselves, to maintenance. Section 5 of the Act empowers such a senior citizen to make an application before the Maintenance Tribunal constituted under Section 7 of the Act. The Court held that obstruction by petitioner's neighbour in constructing a gate over his property did not fall within the purview of the Senior Citizens Act and no legal right thereunder was infringed. Accordingly, the writ petition was dismissed. Case Title: Ishak v. State of U.P. and 4 others [ WRIT - C No. - 18408 of 2025]Click Here To Read Order

Senior Citizen Maintenance Tribunal Can't Adjudicate On Property Ownership Claims: Allahabad High Court Reiterates

Upasna Agrawal

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