You can file appeal against impugned order before senior citizen Appellate tribunal 

if no appellate tribunal is set up in your state file writ petition in HC against imugned order 

- As per Karnataka High Court., Appeal from Tribunal's Order under Senior Citizens Act Can Be filed by both parties

- Hence, you can file Appeal either before the Appellate Tribunal or the High Court against the said order. 

- Further, the house which you have built cannot be claimed even by your mother 

- You can file a Declaration suit before the Court for declaring the single owner of the property after submitting the proof of fund expenditure. 

- Further, as per law after the demise of your father , his property would be devolved upon all the legal heirs equally and mother cannot take your share on any ground. 

An appeal can be filed only by senior citizens against the order of the tribunal and not other affected persons.

you have built the house in your father's place without any proper transfer of land. 

however on the basis of the documentary evidences in your support, you may consult an advocate in the local and look for the possibilities to file a writ petition to set aside the orders of the tribunal 

You immediately approach high court with a writ petition and also an application for stay of the eviction proceedings till disposal of writ petition. 

You take the plea that you are filing appeal against impugned order and have 30 days time to appeal 

you have already engaged a lawyer for said purpose 

If the house belongs to your father , at least  on paper, then this order is likely to be passed.

To avoid eviction from house only your father can help you by filing application for recalling the eviction order.

If there is merit then you can challenge the eviction order before high court.

Talk to an advocate by showing all papers. 

File a writ petition in high court . 

Police cannot evict you forcibly 

file writ petition or appeal immediately 

If the orders state that they can take the assistance of police then the police can evict you.

Therefore you file a writ petition immediately and obtain a stay order as an interim relief.

- You can file an Injunction suit before the Court for getting stay order 

1. Writ Petition: File a writ petition in the High Court challenging the eviction order under the Senior Citizen Act. Request a stay on the RDO order.

2. Seek Legal Protection: Approach the court for an injunction to prevent immediate police action until your petition is heard.

3. Police Powers: Police can assist with eviction under the RDO order but filing an FIR requires specific legal grounds.

4. Postpone Action: Notify the police about the writ filing and request time to comply pending court directions.

Consult a property lawyer immediately to draft and file the petition effectively.

Dear Client,

In the Present Scenario, there involves issues under the Maintenance and Welfare of Parents and Senior Citizens Act, wherein your mother has secured an eviction order against you, claiming neglect despite you have provided her your financial support. Here, since you constructed the second house in 2017 with your earnings and loans, it is essential to contend that it is your property and not subject to the Act, that primarily covers property inherited or gifted by the senior citizens. It is suggested that you file a writ petition in the Madras High Court to challenge the eviction order, emphasizing violation of your ownership rights, and misuse of the Act. Further, a stay on the eviction order may be requested for, and you may also file a complaint with the Police if necessary. You may also approach the District Legal Services Authority for mediation to resolve the dispute amicably.

Hope you find this answer beneficial for resolving the dispute.

Did you prefer appeal against the order?

Unless you exhaust the remedy as prescribed by the statute, taking detour to writ may not help.

G.Rajaganapathy

Advocate

High Court of Madras