Eviction of Son from my self-acquired property
Alok Sahu
(Querist) 04 January 2018
This query is : Resolved
Sir, I am a Senior citizen 68 years old. My son who is a junior advocate is staying in my hose with his wife. After marriage he has changed his attitude towards parents. He & his wife refused to take any care of me & my wife. He has filed a false case against me asking for partition of my self-acquired house. I have clear title of the house. He also filed an injunction not to restrict me for doing any alienation. The injunction got rejected by the court. However in order court have allowed him to stay over the property till the dismissal of suit, considering the prima facie. We do not have challenged this order as advised by our lawyer. The proceedings are too slow in trial court. Since 3 years got passed, even issue is not framed yet in Main Suit. My son have only intention to delay the suit till my death, after which he will automatically get the right over the property. Over last 3 years my son & his wife regularly torcher us & asking us to vacate the house. We have informed the local police no. of times regarding the violence created by my son, but police is not taking any action.
Can I sell the house as the court have allowed him to stay over the property till the dismissal of the suit.
Can I go directly to High court & ask eviction of my son.
What kind of relief court may grant to me.
Please revert in case you need any more information.
Vijay Raj Mahajan
(Expert) 04 January 2018
Firstly make your Will in which you clearly mention disinheriting your son, his wife etc. from the property and make someone else of your relative beneficiary of the house after your death, get the Will registered.
Secondly in two newspapers, one national and one local give Public Notice disinheriting your son, his wife from your properties.
The order of civil court is binding for evicting the son from the property but if there is no stay of selling the property, find some buyer who is ready to buy the house in the present situation, even for lesser amount there are many property agents who buy disputed property and get the unauthorised person out of the property, The stay order to vacate the son is on you not any other person.
Kumar Doab
(Expert) 04 January 2018
Refer to jurisdictional HC rules and pray for speedy disposal of the matter, being senior citizen.
Record evidences of torture. Keep irrefutable witnesses.
Narrate all previous complaints mentioning dates, time , names and submit to Police Commissioner, DGP.
Pursue thru RTI.
Kumar Doab
(Expert) 04 January 2018
You being owner/title holder can execute a valid WILL.
Preferably register it.
Recently also a Senior Citizen in his nineties have succeeded in similar matter.
If there is a senior citizen helpline, approach them also e.g;
Bangalore city police
1090 (toll free), 080 2294 3226
Approach NGO’s e.g;
Helpage India
1800 180 1253 (toll free), 080 2671 6867
www.helpageindia.org
Dignity Foundation
080 2654 2229
www.dignityfoundation.com
Morning Song Foundation
+91 93351 80487
www.fb.com/MorningSongEldercareFoundation
Kumar Doab
(Expert) 04 January 2018
You could have pursued under provisions of:
Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007
http://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X635996104030434742.pdf
and Rules framed by your state under the Act.
The remedy is quick and cheap for eviction .
Your own lawyer should have appraised you on IT.
You can claim maintenance as well.
GO thru provisions of above mentioned enactments and judgments based on it and also;
Hindu Adoption and Maintenance Act, 1956;
20. Maintenance of children and aged parents-
http://tcw.nic.in/Acts/Hindu%20adoption%20and%20Maintenance%20Act.pdf
Section 125 in The Code Of Criminal Procedure, 1973
125. Order for maintenance of wives, children and parents.
https://indiankanoon.org/doc/1056396/
and
National Policy for Older Persons Year 1999
http://socialjustice.nic.in/writereaddata/UploadFile/National%20Policy%20for%20Older%20Persons%20Year%201999.pdf
In SEARCH option search for threads on Abuse of Senior Citizens
Kumar Doab
(Expert) 04 January 2018
Dear LCI Admin
Pls correct the error in SEARCH option in both Forum and Experts Sections.
Sankaranarayanan
(Expert) 04 January 2018
You can file a maintenance petition and ask him to pay the rent for the occupation of the premises.
