Senior Citizens Act Can't Be Invoked To Decide Property Ownership/ Title Disputes: Allahabad High Court

The Allahabad High Court has reiterated that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Rules made thereunder cannot be invoked to title and ownership disputes between third parties who are not related to the senior citizens. It held that the Act is for the maintenance and protection of senior citizens by those who will inherit their property, not for deciding the title and ownership of the property which can only be done after examination of evidence in civil proceedings. Justice Subhash Vidyarthi held,“The protection of property of senior citizens would not extend to deciding rival claims regarding title of immovable property, which can only be done by a Competent Civil/Revenue Court in a regular suit where the parties are given opportunity to lead evidence in support of their respective claims which opportunity is not available before the authorities performing duties under the Maintenance Act.”Petitioner and his wife purchased the disputed land vide sale deed from one Sitaram and Rajaram. The entire land including petitioner's portion was recorded in the name of Radhey Shayam, Rajaram, Sitaram etc.. However, apart from Sitaram and Rajaram, no other co-tenure holder executed a sale deed in favour of the petitioner. Opposite party no.6 purchased certain portion from the larger piece of land. Contending that the opposite party was illegally trying to take possession of petitioner's property, petitioner Sub-Divisional Officer, Bikapur, Ayodhya for action against the said opposite party. Subsequently, petitioner approached the High Court seeking protection under the Senior Citizen Act. Perusing the Statement of Objects of the Senior Citizen Act, the Court observed that the Act was enacted to cast obligation on the heirs of senior citizens to protect and maintain them. The Court observed that there was no relationship between the petitioner and the opposite party. “Rival claims to ownership and possession of immovable properties cannot be decided in a summary manner and the same can only be decided by filing of pleadings, framing issues, adducing evidence, cross-examining witnesses and thereafter hearing submissions and delivering a detailed judgment deciding all the issue between the parties. Therefore, the authorities under the Maintenance Act are not meant to decide the rival claims regarding ownership and possession of immovable properties.”The Court further held that Section 22 of the Act which empowers the State Government to appoint authorities and make rules for providing protection of life and property of senior citizens, also does not empower the authorities to decide property ownership disputes between parties. Though Section 27 bars any suit with respect to matters covered under the Senior Citizen Act, the Court held that such bar would not apply to property ownership disputes between unrelated parties. It held that only competent Civil Court/ Revenue Court can adjudicate and decide such issues. Accordingly, the writ petition was dismissed. Case Title: Magghu Ram v. State Of U.P. Thru. Prin. Secy. (Revenue Deptt. ) Lko. And 5 Others 2026 LiveLaw (AB) 117Case citation: 2026 LiveLaw (AB) 117Click Here To Read/Download Order

Senior Citizens Act Can't Be Invoked To Decide Property Ownership/ Title Disputes: Allahabad High Court

Upasna Agrawal

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