Allahabad High Court Says Senior Citizens Tribunals Cannot Decide Property Ownership Disputes

The Allahabad High Court has held that tribunals constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, cannot act as substitutes for civil courts in property ownership disputes.

The court said such tribunals cannot declare a gift deed invalid on allegations of forgery, as that power rests with a competent civil court.

A Division Bench of Justice JJ Munir and Justice Indrajeet Shukla passed the order while hearing a petition filed by 68-year-old Balveer Singh, who challenged the Lalitpur District Magistrate’s June 23, 2026 order rejecting his application under the Act.

Singh alleged that his daughter and son-in-law had fabricated a registered gift deed for his house and that the document did not bear his signatures. He alleged that they assaulted and evicted him using the disputed deed. Police registered an FIR and later filed a charge sheet.

The court said Section 23(1) applies when a senior citizen transfers property subject to a maintenance condition that the beneficiary fails to fulfil. It does not empower tribunals to decide forgery or document validity.

The bench said a tribunal’s power to order eviction is incidental to protecting the senior citizen’s life, property, maintenance and basic needs. It cannot use that power to adjudicate title or settle ordinary civil disputes.

The court criticised the District Magistrate for forming committees to investigate the alleged forgery, observing that tribunals must follow the procedure prescribed by law while exercising judicial or quasi-judicial powers.

The High Court dismissed the petition but clarified that Singh can approach the competent civil court to challenge the alleged forged gift deed and seek appropriate relief.

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