Evict son from property
Sachin Kumar
(Querist) 19 March 2024
This query is : Resolved
My age is 59 yrs having 4 sons. I want to evict my one son along his wife from property.
My husband expired in 2017 and property is in my name currently.
Can I give notice (प्रॉपर्टी से बेदखल करना) in newspaper OR notice must be given through advocate ?
Regards,
Mrs. X
T. Kalaiselvan, Advocate
(Expert) 19 March 2024
You issue a legal notice to both your son and his wife to vacate the house that belongs to you immediately within a period stipulated in the legal notice, failing which you can inform that they are illegal occupiers in the house and can be removed through legal procedures or even through police if need be.
kavksatyanarayana
(Expert) 19 March 2024
Yes. As you are the owner of the property, you amicably tell them to vacate the house within a time fixed. If they deaf ears you can issue legal notice and take the help of the police also if necessary.
Advocate Bhartesh goyal
(Expert) 21 March 2024
Since your son and his wife are neither the owner of property nor they are tenant in property.they are using property as a licensee so issue notice to them and terminate license and ask them to vacate the premises, if they do not comply with notice then file suit for eviction against them.
Sachin Kumar
(Querist) 21 March 2024
मेरी बहू मेरे बेटे को बहुत परेशान करती है और झूठे केस में फ़साने की धमकी देती है , मैंने अखबार में बेदखली की सूचना दे दी है । बेटा बहू से divorce लेना चाहता है । क्या बेदखली SDM या कोर्ट ही कर सकता है , खुद से अखबार में बेदखली सूचना देना valid नहीं होता ?
T. Kalaiselvan, Advocate
(Expert) 21 March 2024
If it is your own property then you can issue a legal notice to her to vacate the property.
The notice served through the newspaper is not legally valid or binding on her.
She may claim residential rights in her matrimonial home if her husband is residing in that house
Sudhir Kumar, Advocate
(Expert) 22 March 2024
बेदाख़ली से आप क्या लाभ मिलने की सोच रहे हैं?
अगर आप सोचते हो कि बीते को जल्दी भूल जाओगे। इस काल्पनिक समाधान से कोई मदद नहीं मिलेगी.
यदि आपको लगता है कि यदि आपकी बहू दहेज की मांग/घरेलू हिंसा की शिकायत करती है तो आप आपराधिक दायित्व से मुक्त हो जाएंगे, तो आपको यह भी भूल जाना चाहिए। ये बचकानी चालें काम नहीं आएंगी.
अगर आपको सच में लगता है कि बेदखली की इस हरकत से आप बहू का बाहर निकलना सुनिश्चित कर पाएंगे तो भी आप गलत हैं।
P. Venu
(Expert) 22 March 2024
Is Mrs. X the absolute owner of the property? Is it that the property property belonged to her late husband?
And also, why is it that Sachin Kumar is posting the query on behalf of Mrs. X?
Sachin Kumar
(Querist) 24 March 2024
Yes sir, Mrs. X is absolute owner of property , yes my husband expired in 2017 and I got property from my late husband.
We had made relinquishment deed in 2017 and my 3 son's had relinquished all their stake to me.
Mrs. X had 3 sons A,B,C and we are residing together.
B was married in Dec 2022.
The wife of B is harassing us very much. B's wife had told that she will file false case against mother and brother in law.
B wants divorce from his wife.
Before few days , Mrs. X had issued notice in newspaper that she had evicted B and his wife from property (बेदखली सूचना).
Is this notice valid ?
What legal steps we can take to save ourselves from false case ?
(@P.Venu sir , I am C posting on behalf on Mrs. X).
T. Kalaiselvan, Advocate
(Expert) 24 March 2024
The eviction notice given by a public notice in a newspaper is not legally valid nor it is binding on them.
She has to file an eviction suit agaisnt them before the appropriate court of law and get them evicted by due process of law.
P. Venu
(Expert) 25 March 2024
"B wants divorce from his wife."
Admittedly, there are deeper issues. Please post complete facts.
Sachin Kumar
(Querist) 01 April 2024
@P. Venu sir, B wants divorce from his wants as she fights/harass B for very small issues....also she don't spent ₹1 from her salary , all the household expenses are done by B.
@T. Kalaiselvin sir , can you please tell why public notice in newspaper is not valid ? some advocates say it is not valid whereas some say it is valid...
P. Venu
(Expert) 01 April 2024
Admittedly, you (or the so-called Mrs. X) is in pursuit of hidden motives. To understanding, this platform is meant for providing assistance to those who are real legal issues.
Sachin Kumar
(Querist) 01 April 2024
@P. Venu sir, there is no hidden bad motive , you are raising irrelevant questions....
