Here is an important piece of news for senior citizens to know about. The High Court of Calcutta has observed that children living with their older parents are at best licensees and do not have any right to the house. It is only the senior person who has a right over the house, provided it is his.
A case came up recently in Taherpur of Nadia district, West Bengal, wherein the court directed two persons to be evicted from the house of a senior citizen. The two persons were the son and daughter-in-law of the senior citizen. The children were viewed by the court at best as licensees and evicted from the premises at the request of the senior citizen.
In this blog, we will look at some of the rights of the senior citizen as per the Senior Citizen Act and how a home attendant for the elderly is the best gift a child can give a parent in their sunset years.
Here are some of the details to keep in mind from the Senior Citizen Act 2007.
A senior citizen may transfer a piece of property to the child, on the condition that the child provides maintenance to the parent. In case the child fails to do so, the senior citizen can take the case to the Maintenance Tribunal which has been established under the Senior Citizens Act.
Although the Senior Citizen Act has not specified directly anything about the eviction of children or other family members from the home of the senior citizen, it has used the Act several time to uphold the same. Several courts have ordered the removal of children when they have harassed their parents. However, there is only one case in which this is overruled. If a daughter-in-law is being evicted, she has a right to claim residence under the Domestic Violence Act.
Hence, it can be seen from the above that the senior citizens have a right to being taken care of by their children.
However, in case, the child is living abroad for the purpose of earning a livelihood, they can opt for a home attendant for elderly service from Rising Care. Such a service not only provides dignity to the senior citizen but also helps them live securely.
Therefore, as a senior citizen, you can opt to have a home attendant for elderly to help take care of some needs during your old age. The Senior Citizen Act 2007 lays tremendous emphasis on children to look after their parents in their old age.