Bombay High Court Rules Elderly Parents Cannot Be Forced to House Son & Daughter‑in‑Law

The Aurangabad bench of the Bombay High Court, led by Justice Prafulla Khubalkar, has held that elderly parents cannot be compelled to allow their son and daughter-in-law to reside in the parents’ self-owned property if they wish otherwise. The court clarified that mere permission to stay does not translate into any legal right of residence, and strained relations do not extend that right.

This decision came on June 18, 2025, in a dispute where the daughter-in-law, amidst ongoing divorce and domestic violence proceedings, claimed a right to reside in the house. The High Court set aside the Senior Citizens Appellate Tribunal’s order that had reversed an earlier eviction mandate. The original eviction order from February 18, 2019, requiring them to vacate the premises within 30 days, was restored. The court also noted she had acquired her own property in 2021 yet continued to occupy her in-laws’ home.

Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, senior citizens are protected and can seek eviction of those occupying their property without valid rights—a relief reaffirmed by this ruling.