Sourabh Chandramohan Gupta (High Court practitioner) 13 September 2011

Suit for eviction & ejection against son

I m in tedeous position in my one case. Parents (mother & father- senior age) told me their their son & his wife reside in their home in one room. Owner of the property is parents (purchased on their own- their title is clear). The Son & his wife are harrassing to parents to a grat extent. Various police complaint, criminal case has been filed. Now QUESTION IS WHETHER ON THESE GROUNDS SUIT FOR EVICTION & EJECTION CAN BE FILED BY PARENTS AGAINST THEIR SON & HIS WIFE? IF YES THEN FINE IF NO KINDLY SUGGEST YOUR VIEWS- ITS URGENT.

Adv Sourabh Gupta

Maharashtra

Reply Follow

5 Replies

karthika (Advocate) 15 September 2011

u can't file any suit for eviction. it is better to settle the matter amicably within the family.

darshan singh (advocate) 17 September 2011

yes parents can get evicted their prperty from their son & his wife

consult a good lawyer nearby you.

DARSHAN SINGH,

ADVOCATE DELHI HIGH COURT

Sourabh Chandramohan Gupta (High Court practitioner) 19 September 2011

R/ Darshan Singh ji,

Thanks a lot for confirmation.

I also got the information that being lawful owners of the property who hiself has acquired can evict the same from anybody - tenant or son .

Thansk once again.

Sourabh Gupta

Advocate

Nagpur High Court

Maharashtra

Jeet Pathak (Legal Manager) 31 July 2013

Hi Sourabh,

I am faced with a similar issue. What do you suggest I should do? The house is owned by parents and they are pensioners. son and daughter in law are living in their house and daughter in law is harassing them. please suggest.

surjit singh (Assistant) 05 August 2013

Yes parents can seek for eviction. The basis idea of this law is since the property is self acquired property the parent has a right to enjoy the property as per their wish. In the present case the son is not minor, so the parents does not have the legal obligation to feed him. So far unmarried and unemloyed daughter is concnered the parents has a legal obligation till she is employed or married.