How can I challenge eviction under Senior Citizen Act falsely claimed?

My mother owns a flat in her name, and I live with her. Now, she has sold the flat without informing me and has falsely obtained an order for my eviction under the Senior Citizen Act, claiming there was harassment from my side. How can I challenge the eviction? I have been taking care of all her needs as her daughter.

2 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 11 Mar 2025

In your situation, you can challenge the eviction order by filing an appeal or a writ petition in the appropriate court, such as the High Court, arguing that the order was obtained on false grounds. The eviction order under the Senior Citizen Act is meant to protect senior citizens from harassment; however, if you have been faithfully caring for your mother, this undermines her claim of harassment. You should gather evidence, including documents or testimonies, that demonstrate your supportive role and refute any allegations of misconduct. Additionally, argue that the eviction order was procured without proper due process. It is advisable to seek legal representation from an expert in property and family law, who can help secure an interim stay on the eviction pending a full hearing.

Admin
Advocate By LEAD INDIA Answered: 11 Mar 2025

To challenge the eviction, you can file a petition in the Maintenance Tribunal, presenting evidence that you have been taking care of your mother and are not guilty of harassment. Gather witness statements, medical records, and other proof of your support. It is advised to consult an expert lawyer who will assist you through the process effectively. For further legal assistance contact us on our helpline number.
 

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