Senior Citizens Act can't be invoked to decide ownership: HC
LUCKNOW, March 24 -- The Lucknow bench of the Allahabad high court has ruled that authorities under the UP Maintenance and Welfare of Parents and Senior Citizens Act, 2007, do not have the power to adjudicate rival claims of ownership or possession of immovable property.
Justice Subhash Vidyarthi passed the judgment recently on a petition filed by one Magghu Ram, seeking directives to the district magistrate, Ayodhya, to protect his life and property under Section 22 of the UP Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and its rules.
The court 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."
The court said the petitioner and respondents 5 and 6 were involved in a property dispute over portions in Netwari Chaturpur village. The petitioner alleged the opposite parties were attempting to grab part of his property. He sought police protection and intervention from authorities under the Maintenance Act.
The court observed that the Maintenance Act primarily aims to ensure care, maintenance, and protection for elderly persons from their relatives, including protection of life and property.
However, it does not empower authorities to adjudicate rival claims over title or possession of immovable properties.
The court said property disputes require a regular civil or revenue proceeding, where parties are given an opportunity to present their claims. Section 27 of the Act does not extend to cases where the Act is misused to decide ownership disputes between unrelated parties. htc...
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