​On March 24, 2025, the Bombay High Court ruled that a son cannot claim possessory rights over his parents’ property solely based on providing financial maintenance. The court reinstated a June 2024 tribunal order, evicting the son from his parents’ premises in Vasai. Justice Amit Borkar emphasized that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, aims to ensure not just financial support but also a dignified life for senior citizens. Therefore, paying monetary maintenance does not grant children ownership or possession rights over their parents’ property.

This decision aligns with previous judgments, such as the Bombay High Court’s ruling in January 2024, which stated that during their parents’ lifetime, children cannot assert exclusive ownership or possession rights over their parents’ property. ​

Additionally, the Punjab and Haryana High Court upheld an eviction order under the Senior Citizens Act, reinforcing that children cannot insist on staying in their parents’ house by claiming renovation contributions as a right to reside.

These cases collectively underscore that financial maintenance provided to parents does not confer property rights, and parents have the legal right to reclaim possession of their property during their lifetime.​

Sources

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