Bombay High Court evicts son from parents’ Pune flat, says their right comes first

The Bombay High Court has ruled in favor of evicting a son from the flat owned by his elderly parents, citing the parents' right to the property comes first. The court emphasized that a senior citizen cannot be deprived of the use, occupation or enjoyment of their property in a way that affects their normal life. The case involved a son challenging an eviction order from his parents' flat in Pune.

The court held that eviction proceedings against senior citizens can be maintained even without a specific request for financial maintenance, which includes the right to peaceful residence and the beneficial enjoyment of their own property. Justice Amit Borkar stated that the parents were the rightful owners until the son's proprietary right was officially acknowledged by a civil court.

The court further noted that the son's presence in the flat, along with his wife, did not disqualify the parents' claim, as the issue was whether the senior citizens' use of the property was being deprived in a manner affecting their normal life.