Now Senior Citizens can evict negligent son or daughter from their home in 21 days time

The apex court made the provision that:

Parents can deny family property to negligent children.  However, litigation is time consuming and stressful and costly. More so for the elderly and aged, in their sun set years. The executive and government is vested with powers that if applied can provide speedy and cost effective relief and justice to citizens. More so, elderly and aged parents, that are neglected harassed by their own off springs and children.

The administration and government must realize and perform their duty and lawful obligations towards citizens.

Elderly parents can now throw out their abusive and greedy children from their Self-Acquired: home by simply complaining to the deputy commissioner (DC), rather than going to police or filing a lawsuit which is a time-sapping process.

"If the DC finds that the son, daughter or legal heir of a senior citizen is not caring for him or ill-treating him/her, and yet occupying his self-acquired property, a notice will be issued to the accused party. The son or heir will get a chance to explain which, if found unsatisfactory, will lead to an eviction notice,"

The judicial process is painfully slow as Indian courts are saddled with a backlog of millions of cases, officials said. It takes a court five to 10 years to reach judgment.

The amended rules put the responsibility on deputy commissioners to verify an elderly parent’s complaint and evict a son or daughter within 21 days. Before the Delhi government amended the rules, aggrieved parents could approach police to file a criminal complaint against any torture or ill-treatment by their children, or go to a civil court for justice.

Armed with the executive order the Lawyers/Law Firms/NGO’s etc can also fetch speedy relief for their clients/members under:

The Delhi Maintenance and Welfare of Parents and Senior Citizens Rules (Amendment) Rules, 2016

The government of Delhi had enacted:
The Maintenance & Welfare of Parents & Senior Citizens Act, 2007

Chapter I Preliminary 1. Short title and commencement. -

(1) These Rules may be called the Delhi Maintenance and welfare of Parents and Senior Citizens Rules, 2009.

These were amended and called as:
Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment Rules), 2010.

Preliminary 1. Short title and commencement. -

(1) These Rules may be called the Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment Rules), 2010.

And provided for:

CHAPTER-III
21. Duties and powers of the Deputy Commissioner.-

CHAPTER-IV
22. Action plan for the protection of life and property of senior citizens.-(1) The Commissioner, Police shall take all necessary steps, subjects, to such guidelines as the Government may issue from time to time, for the protection of life and property of senior citizens

Rule 23: State Council of Senior Citizens
Rule 24: District Committee

The notification of the government of Delhi is self explanatory.

SOCIAL WELFARE DEPARTMENT NOTIFICATION

Delhi, the 19th December, 2016
F. No. 30(405)/Amendment of Rules-MAWPSC2007/DD(SS)/DSW/2015-16/24836-865.

In exercise of the powers conferred by section 32 read with clause (i) of Section 2 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Lt. Governor, National Capital Territory of Delhi hereby makes the rules to amend the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 as following, namely:-

1. Short title and Commencement:-

(1) These rules may be called The Delhi Maintenance and Welfare of Parents and Senior Citizens Rules (Amendment) Rules, 2016.
(2) They shall come into force on the date of their publication in the Delhi Gazette.

2. Amendment of rule 22:- In the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, after sub- rule (2) of rule 22, the following sub-rules shall be inserted, namely:-

(3) (1) Procedure for eviction from property/residential building of Senior Citizen/Parents, -

(i) A senior citizen may make an application before the Dy. Commissioner/District Magistrate(DM) of his district for eviction of his son and daughter or legal heir from his self acquired property on account of his non maintenance and ill-treatment.

(ii)The Deputy Commissioner/DM shall immediately forward such application to the concerned Sub Divisional Magistrates for verification of the title of the property and facts of the case within 15 days from the date of receipt of such application.

(iii) The Sub Divisional Magistrate shall immediately submit its report to the Deputy Commissioner/DM for final orders within 21 days from the date of receipt of the complaint/application.

(iv) The Deputy Commissioner/DM during summary proceedings for the protection of senior citizen parents shall consider all the relevant provisions of the said Act 2007. If the Deputy Commissioner/DM is of opinion that any son or daughter or legal heir of a senior citizen/parents is not maintaining the senior citizen and ill treating him and yet is occupying the self acquired property of the senior citizen, and that they should be evicted, the Deputy Commissioner/DM shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause as to why an order of eviction should not be issued against them/him/her.

(v) The notice shall -

(a) specify the grounds on which the order of eviction is proposed to be made ; and

(b) require all persons concerned, that is to say, all persons who are , or may be, in occupation of, or claim interest in, the property/premises, to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than ten days from the date of issued thereof.

(2) Eviction Order from property/residential building of Senior Citizens/Parent. - (i) If, after considering the cause, if any, shown by any person in pursuance to the notice and any evidence he/she may produce in support of the same and after giving him/her a reasonable opportunity of being heard, the Deputy Commissioner/DM is satisfied that the eviction order needs to be made, the Deputy Commissioner/DM may make an order of eviction, for reasons to be recorded therein, directing that the property/residential building shall be vacated;

(3) Enforcement of Orders,

(i) If any person refuses or fails to comply with the order of eviction within thirty days from the date of its issue, the Deputy Commissioner/DM or any other officer duly authorized by the Deputy Commissioner/DM in this behalf may evict that person from the premises in question and take possession;

(ii) The Deputy Commissioner/DM shall have powers to enforce the eviction orders through Police and the Dy. Commissioner of Police concerned shall be bound to carry out execution of the eviction order.

(iii) The Deputy Commissioner/DM will further handover the property/premises in question to the concerned Senior Citizen.

(iv) The Deputy Commissioner/DM shall forward monthly report of such cases to the Social Welfare Department by 7th of the following month.

(4) Appeal

(i) The appeal against the order of Dy. Commissioner/DM shall lie before Divisional Commissioner, Delhi.
(ii) Provisions regarding disposal of appeal before Appellate Tribunal shall apply mutatis mutandis to the appeals before the Divisional Commissioner, Delhi.

By order and in the name of
Lt. Governor, NCT of Delhi,
Dr. DILRAJ KAUR, Secy. (Social Welfare)

List of District Maintenance Tribunal Officers

The Government of Delhi has notified and set up eleven Maintenance Tribunals and Appellate Tribunals in all Districts of Delhi to exercise the powers and discharge the functions conferred under the Maintenance and Welfare of Parents and Senior Citizens Act,2007.

Maintenance Tribunals in each district is headed by A.D.M.s as the Presiding Officers/Chairperson along with two Non-official Members one of whom is female.

Appellate Tribunal in each district is headed by Dy. Commissioners (Revenue) as the Chairpersons along with two Non-official Members one of whom is female.

It is high time that other states may also act in such manner and provide speedy relief to elderly and aged.

Senior Citizens throughout the country can also go thru the Senior Citizens Guide and become properly informed of their rights:

Senior Citizens Guide

REVISED EDITION 2016
Complied and Published by Policy Research and Development Department
HelpAge India Head Office
C-14, Qutab Institutional Area, New Delhi - 110 016
Tel.: 011-41688955-56; 011-42030400, Fax: 91-11-26852916
E-mail: info@helpageindia.org; headoffice@helpageindia.org
Website: www.helpageindia.org
National Helpline No.: 1800 180 1253

 

Kumar Doab 
on 01 March 2017
Published in Civil Law
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