{"id":509503,"date":"2026-02-28T10:31:11","date_gmt":"2026-02-28T10:31:11","guid":{"rendered":"https:\/\/www.newsbeep.com\/au\/509503\/"},"modified":"2026-02-28T10:31:11","modified_gmt":"2026-02-28T10:31:11","slug":"can-parents-evict-a-son-for-not-maintaining-them-yes-but-removing-inheritance-rights-require-a-will","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/au\/509503\/","title":{"rendered":"Can parents evict a son for not maintaining them? Yes, but removing inheritance rights require a Will"},"content":{"rendered":"

On February 10, 2026, the Jharkhand High Court pointed out that every inheritance carries certain responsibilities. If a son and daughter-in-law wish to gain from an inheritance, they need to establish a suitable environment for the parents from whom the property<\/a> is being claimed, making sure that the parents feel secure and comfortable.
Following this logic, the Jharkhand High Court ordered the eviction of the son and the daughter-in-law, ruling in favour of the senior citizen parents\u2019 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.<\/p>\n

Also read: Harassment of elderly parents costs son dear: Jharkhand HC orders eviction from self-acquired home<\/a><\/p>\n

Does this win for the senior citizen parents mean their son is stripped of inheritance rights<\/a>? Nidhi Singh, Partner, IndiaLaw LLP, says that under Section 6 of the Hindu Succession Act, 1956<\/a>, a Hindu son has a share in ancestral property. So the Jharkhand HC\u2019s decision does not affect the son\u2019s succession rights in ancestral property. <\/p>\n

Singh says: \u201cFor self acquired property<\/a>, however, the parents may exclude a child by bequeathing the same via a Will<\/a>. This Jharkhand High Court judgment merely protects the senior citizens\u2019 rights to peaceful residence and dignity and does not impact the succession rights of the children.\u201d<\/p>\n

Also read: Son denies elderly parents entry to Mumbai homes upon their return from village; SC orders him to vacate properties and pay maintenance<\/a><\/p>\n

If a son or daughter does not maintain their old senior citizen parents, can they be automatically cut off from the inheritance? Singh states that a son or daughter\u2019s responsibility for maintenance does not affect their succession rights. However, if they don\u2019t provide maintenance, older parents can request support or protection under the Senior Citizens Act. <\/p>\n

Singh says: \u201cThe senior citizen parents may also exclude a child from self acquired property by executing a Will.\u201d<\/p>\n

Does the above inheritance aspect apply only for son or daughter or the daughter-in-law as well? According to Singh, the duty to maintain senior citizens does not alter inheritance rights of their children or the daughter-in-law. If the children fail to maintain parents, parents may seek relief under the Senior Citizens Act.<\/p>\n

Singh says: \u201c Where a senior citizen is childless, the maintenance duty falls on relatives who would be heirs under the applicable succession laws.\u201d<\/p>\n

Ancestral properties can\u2019t be disposed of by using WillAccording to Singh, ancestral property cannot be disposed of by testamentary instruments like Wills, whereas the self-acquired property can be bequeathed at the senior citizen\u2019s discretion. <\/p>\n

Singh says: \u201cA parent may accordingly exclude a child by executing a Will without proving non maintenance. The Senior Citizens Act does not govern testamentary or intestate succession because the same does not relate to the transfer of property.\u201d<\/p>\n

Singh says that bequeathing self acquired property is independent of maintenance claims and does not affect inheritance or succession rights.<\/p>\n","protected":false},"excerpt":{"rendered":"On February 10, 2026, the Jharkhand High Court pointed out that every inheritance carries certain responsibilities. If a…\n","protected":false},"author":2,"featured_media":509504,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[14],"tags":[255560,64,63,99,186,255565,108108,255561,184,185,4686,255562,255564,255566,255563,1050],"class_list":["post-509503","post","type-post","status-publish","format-standard","has-post-thumbnail","category-personal-finance","tag-255560","tag-au","tag-australia","tag-business","tag-finance","tag-harassment-of-senior-citizen","tag-hindu-succession-act","tag-inheritance-rights","tag-personal-finance","tag-personalfinance","tag-property","tag-self-acquired-property","tag-senior-citizen-act","tag-senior-citizen-act-jharkhand-hc-case","tag-testamentary-succession","tag-will"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/509503","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/comments?post=509503"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/509503\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media\/509504"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media?parent=509503"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/categories?post=509503"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/tags?post=509503"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}