Mumbai, November 29
Taking serious note of the harassment of senior citizens at the hands of their own children, the Bombay High Court has refused to quash a tribunal’s order punishing singer Shweta Shetty for misbehaving with her from her 95-year-old father’s south Mumbai residence. was evicted. ,
A division bench of Justice Gautam Patel and Justice Madhav Jamdar said on November 25 that as long as the father is alive, the singer has no right to claim a share in his property.
“Shweta demands her share. What is his ‘part’ while alive? He doesn’t have any. He (father) can actually give his flat and all the property in vivo. That’s his choice. She can’t stop him from doing so. As long as he is alive, Shweta has no ‘share’ in his property.’
The court, in its order, said that in its experience in Mumbai and especially among the wealthy of this city, senior citizens and elderly parents were subjected to all kinds of harassment and deprivation in their twilight years.
“After the case, we have complaints from senior citizens that their own sons and daughters are harassing them. In every case, harassment is an attempt to usurp the property of the senior citizen during his lifetime without any consideration of the mental or physical health, well being or happiness of these senior citizens,” the court said.
The order further states that the present case is no different and the father of the petitioner has repeatedly stated that he does not wish to keep his daughter Shweta in his house.
The court passed the order on a petition filed by Shweta Shetty, challenging the November 2020 order of the Welfare Tribunal and Mumbai Deputy Collector, eviction of her from her father Mahlaba Shetty’s south Mumbai flat.
The eviction order was passed on a complaint filed by Shetty’s 95-year-old father, who claimed that he did not want his daughter Shweta Shetty to live, occupy or reside in his south Mumbai flat as he allegedly She was harassing him and treating him badly.
It claimed that Shweta Shetty had been living with her father since 2015 and was defaming him for his share of the property.
Shweta Shetty’s counsel Pradeep Thorat had argued that the tribunal had no power to issue eviction orders and could only consider applications for maintenance.
Mahlaba Shetty’s counsel, Sujay Kantawala had argued that the property in question was self-acquired and hence, the owner can dispose or dispose of it by any means.
Kantawala had said, ‘Even if this person has a child, he has no legal right to interfere with this right of the owner.
The bench refused to interfere with the tribunal’s order and directed Shweta Shetty to remove her personal belongings from the said flat on November 27 and bar her from entering the flat in future. -PTI