By Rajesh Pandey
In a significant ruling reinforcing the scope of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Allahabad High Court has firmly stated that maintenance tribunals under Section 7 of the Act are not authorized to adjudicate disputes involving property ownership, especially when third-party claims are involved. Such matters, the Court clarified, fall under the exclusive jurisdiction of civil courts.
The decision came in response to a writ petition filed by one Ishak, a senior citizen, who had approached the High Court seeking protection of his life and property under Rule 21 of the Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rules, 2014.
The Petition and Background
The petitioner, Ishak, claimed he was facing threats and harassment from his neighbors—the private respondents—because he intended to construct a gate on what he claimed was his private property. Citing Rule 21 of the 2014 Rules, Ishak argued that senior citizens are entitled to protection from threats not only from their children but also from third parties under the said Act and Rules.
He sought relief from the maintenance tribunal, believing it was empowered under the law to intervene and protect his rights to property and personal safety.
The Court’s Interpretation
A division bench comprising Justice Arindam Sinha and Dr. Justice Yogendra Kumar Srivastava carefully examined the legislative intent and statutory boundaries of the Senior Citizens Act.
In their judgment dated July 16, the bench noted:
“The maintenance tribunals constituted under the Act have been empowered to entertain applications relating to claims for maintenance against children or, in the case of a childless senior citizen, against a relative who would inherit their property. There is no conferment of jurisdiction to adjudicate questions relating to property and ownership rights—particularly where a dispute involves third parties.”