Can a mother send a legal notice to his son for vacating her
Alpesh
(Querist) 12 October 2015
This query is : Resolved
This is on behalf of a lady aged about 85 years. She is having 3 Sons and 2 daughters, both daughters are married long back and well settled. Her elder son has expired around 7 years back and his family lives separately well settled. Lady lives in a rented house under her name since last 40 years with her 2 sons and family. The younger son is not in talking terms with the lady since last 15 years and having a separate kitchen in the same house. The lady lives with her 2nd Son and Family since very beginning and they take entire care of her from fooding to medicines.
Now, Since last few months, the younger son and his wife are creating daily issues with the Lady and uses very cheap abusive languages for the lady and the 2nd son and family.
Now, out her age, lady seeks advice whether she can ask her younger son to vacate the house and leave with his wife since the rented house is in the name of the lady, and both the younger son and his wife are behaving very cheap with her and always ready to create a fight out of nothing. The younger son is married since 20 years and does not have any children from the marriage.The 2nd Son is married since 30 years and has 2 sons out of which 1 is married last year.
The lady is also afraid that the younger son might perform some fraudulent activities in order to control over the house. On asking verbally by the lady to the younger son to vacate the house, he is not willing to leave at any cost.
Please advise how can this matter be sorted out with the help of law. Lady is yet to write her Will.
Anirudh
(Expert) 12 October 2015
1. If the lady so fears, then she should in fairness write a will and have it REGISTERED, so that in future nobody can challenge the genuineness of the WILLL.
2. At best, to start with she can lodge a police complaint about the harassment and the threat being held to her by her younger son.
3. If this does not work, then and only then she should approach the Court to evict the younger son from her house.
Rajendra K Goyal
(Expert) 12 October 2015
She can lodge police complaint against her son.
Alpesh
(Querist) 12 October 2015
The younger son is asking for lumpsum amount to vacate the house. The amount is impractical in nature. Is the mother liable to pay any such amount legally?
Anirudh
(Expert) 12 October 2015
If you want to pay, pay him.
If you do not want to pay, then lodge a police complaint as suggested above.
We can only guide you, not hand hold you.
Alpesh
(Querist) 12 October 2015
My question was, can the son legally claim the amount...since wanting to pay or not is a personal wish..suggestion was required from law and order's point of view.
Thank you sir for the suggestions and guidance on the matter.
Anirudh
(Expert) 12 October 2015
He is not entitled to ask any money legally.
Alpesh
(Querist) 12 October 2015
Thank you..
K.S.Srinivas
(Expert) 13 October 2015
Lodge a police complaint and file a petition in the court for eviction of the house.
