Mumbai man gets 15 days to hand over home to mother he cheated

MUMBAI: Holding that a son had deprived his widowed mother of her right to “live a normal life”, Bombay high court directed him to vacate the house in 15 days, and hand over vacant possession to her of the only abode the elderly woman had. Justice Girish Kulkarni observed of the case: “Facts are quite peculiar and, to some extent, which would shock the conscience of the court.’’
Justice Kulkarni said that the subject matter of the “unfortunate proceedings’’ before him was the mother’s “plight’’ to get a roof over her head in a 300 sq ft tenement owned by her and the “hard struggle faced by her from one of her sons.’’ The woman was dishoused from her only abode in Prabhadevi, south Mumbai.
The HC said the son had “foisted’’ himself and his family on her, saying his children were studying nearby. In a “novel’’ method to dishouse her, he entered into a rent agreement with her. But he took advantage of her old age and lack of education and did not pay rent — which was her source of livelihood — observed the court, remarking that it was “astonishing’’. The son paid only when the senior citizen complained to the police.
The son also failed to maintain and support her livelihood, said the HC in a January 18 ruling. The petition was filed by the woman’s son under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. He challenged a February 2018 order passed by the presiding officer of the Parents and Senior Citizens Subsistence Tribunal, Mumbai. The mother had moved the tribunal for relief from her plight.
Her husband had been a tenant in a building taken up for redevelopment, but he expired and the landlord — the BMC — incorporated her name as tenant. The developer had issued her the allotment letter and had given her possession of a new 300 sq ft flat, from which she was dishoused and did not receive rent for either.
The HC said the woman was entitled to invoke the senior citizens’ welfare law and dismissed her son’s petition in the interest of justice. The court further rejected the son’s plea to continue interim relief in his favour.