Bombay High Court restricts tribunal's property dispute jurisdiction

The Bombay High Court recently ruled on a property dispute between two senior citizens, stating that one cannot use the Maintenance and Welfare of Senior Citizens Tribunal to recover possession from another senior citizen. This decision overturned a previous order from the tribunal that had directed an elderly sister to surrender her home to her younger sister. The case began when the younger sister, who lived in a slum tenement on the ground floor, sought to evict her elder sister and another family member from the first floor, claiming they were occupying it without permission. Justice Sandeep Marne, who presided over the case, highlighted that the elder sister was not legally obligated to support the younger sister since both were senior citizens. The court determined that the younger sister's request for eviction was essentially about recovering property, which could not be handled by the tribunal designed for maintenance issues. The tribunal is meant for simpler, quicker proceedings and cannot address complicated property disputes. As a result, the High Court allowed the elder sister to keep her home but suggested the younger sister could seek help from a civil court for property recovery. The ruling clarified that it should not be taken as a standard procedure for bypassing appeals in similar cases. Additionally, while the court addressed a complaint regarding unpaid utility bills, it noted that payments would be made, ensuring that the elder sister would not harass the younger sister during the new legal process.