‘Harasser’ son and grandson must leave woman’s flat: Bombay high court – Times of India

MUMBAI: The Bombay high court has directed an 89-year-old woman’s son and grandson, both accused of harassing her, to leave her flat at Derasar Lane, Ghatkopar (East), within 10 days and observed that such situations must be dealt with an iron hand as the law would mandate.
“She says that the harassment caused to her by her son and grandson was such that she desired to end her life… How much should a senior citizen, that too who is at the age of 89, be harassed for the greed of property?” asked Justice Girish Kulkarni in his December 17 verdict.
He dismissed two petitions, by Jayesh Jhaveri and his son Abhimanyu, that challenged the July 30, 2021 order of the Senior Citizens Tribunal, Mumbai, that had ruled in Nirmala Jhaveri’s favour.
Her application before the tribunal said that after her husband Dharmadas Jhaveri died on March 25, 2017, Jayesh, along with his wife Sonal, grandson Abhimanyu and his wife Apeksha, left their Garodia Nagar house and moved in with her. Jayesh pressurised her to transfer all assets to him and not give any share to her daughters. When she refused, Jayesh turned violent. She then left her own flat “without any belongings except two pairs of clothes” and went to stay with a daughter. But as Jayesh threatened his sisters with civil and criminal cases, she returned home so he would not disturb them.
“In my opinion, this is a classic case where son Jayesh and grandson Abhimanyu have left no stone unturned to make (the) life of the grandmother a living hell,” said Justice Kulkarni, noting that Nirmala Jhaveri was constrained to take recourse to the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
While Jayesh’s advocate said he was willing to vacate the flat, Justice Kulkarni noted, “It is difficult to believe the vehemence with which Abhimanyu, without a semblance of legal right, can take a position to oust the grandmother from the flat.”
Abhimanyu relied on an October 29, 2013 purported will of his grandfather to assert that the flat was bequeathed to him. Justice Kulkarni noted that his grandmother is admittedly the owner of the flat, its share certificate stands in her name, the flat is continuously reflected in her income-tax returns as her asset, and she pays maintenance towards it.
The grandmother said according to her husband’s will, only if she pre-deceased him would the assets go to Abhimanyu. She said Abhimanyu, along with other family members, is taking all possible steps to usurp all her properties worth about Rs 20 crore, including a bungalow at Deolali and land at Cotton Green. She said Jayesh was disowned by her husband by a June 11, 1985 public notice.
Justice Kulkarni said Abhimanyu is asserting his right on a will which is not probated and “which are future rights to be asserted in a proper jurisdiction.” He said “the grandmother who is in desperate need of a shelter, i.e., her own house, and to be left free from torture caused to her by Jayesh and Abhimanyu, was justified in invoking the Act.”