Eviction
Alok Sahu
(Querist) 02 September 2017
This query is : Open
I am 65 years old senior citizen. I am staying with my wife in my own house at Cuttack Orissa and have clear title. My son and daughter in law are also staying in the same house. In recent years they are regularly torturing both me and my wife in any manner. Last year my son who is practicing as a junior advocate, filed a civil suit against me claiming the property belongs to him. In his suit no evidence available in his support and claim is purely imaginary. He have also filed an I.A. to prevent me from any alienation, which was rejected by the Honorable Court . After that he is regularly getting violent and torchers us. He also threating to drag the suit for years and after my death he will automatically gain the ownership. We have reported it to police no. of time about the violence but police is not paying any attention to us. We have filed an I.A. with prayer for eviction of my son and daughter in law and to allow them to fight the legal suit by staying outside. My son is not contributing anything towards maintenance of the house rather he have captured a major portion of the house. Honorable Court have rejected our I.A. as my son is a prima facie on the suit land (by means of cable TV connection in his name). Should we go to the upper court and then what are the possibilities, as the suit is under trial court. We have submitted written statement including counter claim for eviction. My son is not filing the reply to drag the suit and the matter is pending since last 3-4 months. Is there any other better way for eviction. If you have any suggestion for me please share.
Rajendra K Goyal
(Expert) 02 September 2017
Being an Advocate, it does not empower to misbehave with parents or to others.
You can file appeal against the orders, prey for interim orders.
Take help of senior citizen helpline.
If you feel legal way is time and cost consuming, you can sell out the house and purchase another.
You have to engage some senior lawyer to plead your case.
Kumar Doab
(Expert) 02 September 2017
Hope you have the acknowledged copies of complaints filed by you.
There is tolerable limit to everything.
The generosity cannot be eternal.
The senior citizens expect to have peace and tranquility in sunset years in comfort of their homes that are hard earned estates.
If children cannot serve parents then they should not at least torment.
Kumar Doab
(Expert) 02 September 2017
Go thru:
Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007
http://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X635996104030434742.pdf
This offers speedy, cost effective remedy.
You could have pursued remedy under it.
Kumar Doab
(Expert) 02 September 2017
The senior citizens matters are given priority.
Kumar Doab
(Expert) 02 September 2017
The order seems to be suffering from defects.
apparently it is bad order.
Without any hesitation and delay approach a very able LOCAL senior counsel of unshakable repute and integrity specialize in civil matters and having successful track record.
Kumar Doab
(Expert) 02 September 2017
I have sent you few links that you may go thru..............
Sudhir Kumar, Advocate
(Expert) 03 September 2017
You nowhere stated if the house is self acquired or ancestral or you have any more children.
Advocate Bhartesh goyal
(Expert) 03 September 2017
File petition before SDM .court having jurisdiction under the provisions of Maintenance and welfare of Senior Citizen Act 2007.your petition will be decided within two months.
Alok Sahu
(Querist) 04 September 2017
Sir
Thank you for your valuable advice. Property is my self-acquired & I have clear title. We have thought to apply at THE COURT OF THE SENIOR CITIZEN CRIMINAL CUTTACK to stop violence of my son. But not filed any suit due to non availability of any judge in this court. Our written statement is submitted 9 months back. Issue Frame yet to take place by Hon'ble court. Kindly share details of senior citizen helpline mentioned above.
