Overseas Citizens of India & Protection of Senior Citizens Act
Judgment dated 30.7.2026 of the High Court of Bombay (AS) in Writ Petition No.1532 of 2026 of Mughda Sahal Vs. Senior Citizen Appellate Tribunal and another
Overseas Citizens of India & Protection of Senior Citizens Act
In 1987, the subject flat was purchased by the respondent no.2 from her own income. It is her matrimonial home. In 2006, the respondent no.2 and her husband migrated to New Zealand and became citizens of said country.
Since the son of the respondent no.2 has no home, he was allowed to reside in the subject flat.
The petitioner is the daughter in law of the respondent no.2 and is CA, CS and Advocate running law firm.
In 2024, the son and the petitioner have started harassing the respondent no.2, filed domestic violence proceedings against her, husband, daughter and
Section 7B of the Citizenship Act, 1955, which confers rights on OCI Cardholder and the Notification dated 4 March 2021, issued by the Central Government, Ms. Rao strenuously submitted that, there is no prohibition for an overseas citizen of India like the Petitioner to approach the Tribunals under the Senior Citizens Act, 2007 for protection of her property
By virtue of clause 4 of Notification dated 4.3.2021, the OCI cardholders are entitled to parity with non-Resident Indians in the matters specified therein, including the purchase SSP Uploaded on – 30/06/2026 27/61 Downloaded on – 10/08/2026 16:40:11 wp 1532 of 2026.doc or sale of immovable properties, other than the agricultural land or farm house or plantation property. Thus, there are no restrictions on the OCI cardholders to acquire, hold, occupy and sale the immovable property in India. A mere right to acquire and hold the property without recourse to the Courts / Tribunals in the event of infraction of the rights in relation to such property would render the right to acquire and hold the property illusory.
Is a person who is not a citizen of India, like Respondent No.2 (who is a citizen of New Zealand) entitled to invoke remedies under the Senior Citizens Act, 2007 ?
The Maintenance Appellate Tribunal allowed the appeal of the respondent no.2 senior citizen and mother-in-law of the petitioner and directing her to vacate the flat.
