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35. Bhimrao S/o Indeshwar Meshram v. Ashish S/o Bhimrao Meshram and Others
2026:BHC-NAG:11476
September 1, 2026
Senior citizens – Application for maintenance and protection – Eligibility to invoke the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Senior citizen receiving regular pension and family pension – Failure to establish inability to maintain himself – Application for eviction of son not maintainable. [Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Ss. 4, 5 and 16]
FACTS
The petitioner, a retired senior citizen, filed an application under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, against his son and daughter-in-law. The application was rejected by the Sub-Divisional Officer by an order dated 18 November 2021, and the appeal before the District Magistrate was also rejected on 17 August 2022.
The petitioner challenged the orders before the Bombay High Court, contending, inter alia, that the property had been purchased in his son’s name using funds provided by him, and that his son had subsequently executed a registered gift deed in his favour. He
