Stepson to leave flat in 2 weeks as HC upholds tribunal’s order

Mumbai: With Bombay high court recently upholding an order of a senior citizen tribunal that directed a man to vacate his stepmother's flat in a building in Poisar village, Kandivli (W), he undertook to vacate it within 15 days.
"The vacant premises be handed over to the representative of the court receiver, high court," directed Justices Girish Kulkarni and Advait Sethna on Feb 24.
The 50-year-old stepson, and the youngest of five stepchildren, along with his fiancée, had challenged the tribunal's Oct 15, 2024, order passed under the Maintenance of Parents and Citizens Act. The now 82-year-old stepmother had complained to the tribunal that she, owned the flat jointly with her late husband. She never permitted her stepson to stay with her. Her husband passed away in Jan 2022.
In Feb 2022, she was removed from the flat. She is in a state of severe ill-health and is staying with her 84-year-old sister in Bandra. On Feb 21, the judges directed a court official to visit her and ascertain facts.
The judges, citing two Bombay high court decisions, said, "The facts of the case and position in law appear to be well-settled that during the lifetime of the parents, the children [in the present case stepchildren] cannot assert any legal rights in respect of the parents' property so as to claim ownership or possession of the property."
They noted that the stepmother is being taken care of by her sister, who herself is a senior citizen. The stepson asserted that she was kidnapped by her sisters. "It is difficult to believe that a person who is suffering from partial Alzheimer's and not in good health could be kidnapped," they said. They added: "In our opinion, this is a fit case where the tribunal has taken a just and legal view to pass the impugned order. It requires no interference either on the ground of any perversity or illegality."
Advocates Abbas Mokhtiar and Rajesh Talekar, for the stepson, "fairly accepted that the petitioner would not have any legal right to continue to reside in the premises with his fiancée" and "would remove himself from the premises".
The judges permitted the stepmother to be looked after by her sister from Bandra and other sisters.
They shall provide all medical facilities. If the stepson desires, he can have visitation rights by videoconference every Sunday for 15 minutes. In the event of any serious ill-health, her sister shall inform all the stepchildren.
Mumbai: With Bombay high court recently upholding an order of a senior citizen tribunal that directed a man to vacate his stepmother's flat in a building in Poisar village, Kandivli (W), he undertook to vacate it within 15 days.
"The vacant premises be handed over to the representative of the court receiver, high court," directed Justices Girish Kulkarni and Advait Sethna on Feb 24.
The 50-year-old stepson, and the youngest of five stepchildren, along with his fiancée, had challenged the tribunal's Oct 15, 2024, order passed under the Maintenance of Parents and Citizens Act. The now 82-year-old stepmother had complained to the tribunal that she, owned the flat jointly with her late husband. She never permitted her stepson to stay with her. Her husband passed away in Jan 2022.
In Feb 2022, she was removed from the flat. She is in a state of severe ill-health and is staying with her 84-year-old sister in Bandra. On Feb 21, the judges directed a court official to visit her and ascertain facts.
The judges, citing two Bombay high court decisions, said, "The facts of the case and position in law appear to be well-settled that during the lifetime of the parents, the children [in the present case stepchildren] cannot assert any legal rights in respect of the parents' property so as to claim ownership or possession of the property."
They noted that the stepmother is being taken care of by her sister, who herself is a senior citizen. The stepson asserted that she was kidnapped by her sisters. "It is difficult to believe that a person who is suffering from partial Alzheimer's and not in good health could be kidnapped," they said. They added: "In our opinion, this is a fit case where the tribunal has taken a just and legal view to pass the impugned order. It requires no interference either on the ground of any perversity or illegality."
Advocates Abbas Mokhtiar and Rajesh Talekar, for the stepson, "fairly accepted that the petitioner would not have any legal right to continue to reside in the premises with his fiancée" and "would remove himself from the premises".
The judges permitted the stepmother to be looked after by her sister from Bandra and other sisters. They shall provide all medical facilities. If the stepson desires, he can have visitation rights by videoconference every Sunday for 15 minutes. In the event of any serious ill-health, her sister shall inform all the stepchildren.