Prayagraj, Jul 25 (PTI) The Allahabad High Court has held that the maintenance tribunals under the senior citizens act have no power to adjudicate property ownership claims, especially in case of third party disputes and these must be adjudicated before civil courts.
Dismissing a writ petition filed by a man named Ishak, a division bench comprising Justices Arindam Sinha and YK Srivastava said, “The maintenance tribunals constituted under the Act have been empowered to entertain applications relating to claims for maintenance against children or in case of a childless senior citizen against his relative who would inherit the property.” “There is no conferment of jurisdiction to adjudicate questions relating to property and ownership rights particularly where there is a dispute with third parties. The disputes in this regard are to be adjudicated before the civil courts of competent jurisdiction,” the bench said.
The petitioner had sought protection of his life and property under rule 21 of UP Maintenance and Welfare of Parents and Senior Citizens Rules, 2014.
He claimed that he was threatened by the private respondents because he wanted to construct a gate on his private property.
It was argued that the Senior Citizens Act and rules protect them not only against their children but also against third parties.
The court observed that the Act was enforced to protect the senior citizens who were neglected due to withering joint family structures in India.
It observed that section 4 of the 2007 Act entitles a senior citizen who is unable to fend for himself to maintenance. The section 5 of the Act empowers such a senior citizen to make an application before the Maintenance Tribunal constituted under section 7 of the Act.
The court held that obstruction by the petitioner’s neighbour in constructing a gate over his property did not fall within the purview of the Senior Citizens Act and no legal right there under was infringed.
In the hearing on July 16, the court thereby dismissed the petition. PTI COR RAJ ZMN
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