The Jharkhand High Court has ruled that the right to inherit property does not confer ownership or residential rights during the lifetime of parents, particularly in cases involving alleged harassment of senior citizens.
Justice Rajesh Kumar allowed the plea of an elderly couple from the Ramgarh district and set aside an order passed by the Ramgarh Deputy Commissioner on February 23, 2024. The court held that the house in dispute was the self-acquired property of the senior citizens and that they retain absolute control over it during their lifetime.
The bench observed that if a son and daughter-in-law subject elderly parents to mental or physical harassment, they cannot insist on residing in the parents’ self-acquired house. Where cohabitation becomes untenable due to persistent disputes or ill-treatment, authorities must ensure the parents’ peaceful possession of their property.
The court emphasised that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is welfare legislation intended to secure a dignified, safe and peaceful life for elderly citizens. If family members themselves become a source of distress, the administration and judiciary are duty-bound to intervene. The court also referred to earlier Supreme Court precedents affirming that senior citizens are entitled to respect, security and mental peace in their later years.
The case pertains to 75-year-old Lakhan Lal Poddar and his 72-year-old wife Uma Rani Poddar, who alleged that their son, Jitendra Poddar, and daughter-in-law, Ritu Poddar, harassed them and did not allow them to live peacefully in their own home.
In 2022, the couple approached the Sub-Divisional Magistrate under the Senior Citizens Act. On November 23, 2022, the SDM directed the son and daughter-in-law to vacate the premises. However, in appeal, the Ramgarh Deputy Commissioner modified the order on February 23, 2024, ruling in favour of the son and daughter-in-law.
Challenging the appellate decision, the elderly couple moved the High Court. After hearing the matter, the court quashed the Deputy Commissioner’s order and restored the earlier protection, reaffirming that self-acquired property remains under the exclusive ownership and control of the parents during their lifetime.
Legal expert Advocate Dheeraj Kumar said the judgment sends a clear message that inheritance is a future expectation and cannot be invoked to claim present possession of parents’ property, especially where allegations of harassment are involved.