Under Senior Citizens Maintenance Act, tribunal cannot decide on property ownership: Allahabad High Court

Prayagraj (Uttar Pradesh) [India], July 24 (ANI): The Allahabad High Court on Thursday said that under Section 7 of the Senior Citizens Maintenance Act 2007, the tribunal does not have the right to decide on property ownership claims, especially in cases of third-party disputes.

The court also said that cases like property ownership claims can be decided only in civil courts.

An official statement mentioned that the division bench of Justice Arindam Sinha and Justice Yogendra Kumar Srivastava said that the purpose of the Act is to make arrangements for the maintenance of senior citizens and their welfare, not to settle property-related problems.

The petition filed by a senior citizen named Ishak from Bareilly was rejected by the court, refusing to intervene.

According to an official statement, the petitioner had requsted the District Magistrate to ensure safety of his life and property.

The petitioner counsel said that his client wants to build a gate on his property, but the respondents Sajjad, Fayaz and Mukhtar are obstructing and threatening him, the statement added further.

The court also mentioned that the maintenance tribunals constituted under the Act have been empowered to consider applications related to maintenance claims against their children or, in the case of a childless senior citizen, against his relative who would inherit the property.

The court also said that there will be no hindrance in getting the relief available under the law due to the rejection of the petition.

The court said the petitioner could not prove that any legal right available under the Act was violated, the statement added.

Section 20 of the Act deals with medical assistance for senior citizens, and Section 21 deals with publicity, awareness, etc., for the welfare of senior citizens. The tribunal does not have the jurisdiction to hear property disputes under this Act. (ANI)

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