Application under senior citizenship act
ksvrajuadv
(Querist) 27 July 2011
This query is : Resolved
A couple aged about 75-80 years,their son died two years ago,a suit for ownership of house went in their favor in 2001,but they did not took possession of house.now daughter in law,& grandson in possession of house,grandson also in govt job.This old couple living on the mercy of their widow daughter & her son.Now plz suggest me can they vacate the house from daughter in law & grandson,what rights they can claim under senior citizenship act.what is the procedure to file application under senior citizenship act?
plz reply soon
ajay sethi
(Expert) 27 July 2011
1) an application for maintenance can be made by senior citizens to tribunal under section 4 of the act . application must contain detailed particulars as to name , address of person from whom they are demanding maintenance
2) if they are unable to make application the application can be made by any other authorised person or regd organisation on their behalf
3) on receipt of application tribunal will issue notices , grant hearing and pass orders for maintenance
4) if the children refuse to pay maintenance within period of 3 months from due date court can impose fine and even imprison children till payment is made
5) as far as property is concerned if any property has been transferred after coming into force of the act on condition they will look after the senior citizen the senior citizen can make application for cancellation of transfer
6) in your case it appears that suit for ownership was decided in 2001 and they have admittedly not transferred property to their daughter
7) senior citizens in such a case are entitled to stay in the said house and daughter cannot restrain them from doing so
8) they can move the tribunal and ask for an order directing daughter and grandson to vacate the house .
