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For eviction of criminal son from father's house.

(Querist) 12 December 2012 This query is : Resolved 
A person is retired clerk and 66 years old. He has only one son and two daughters, but his son is criminal and of criminal mind. His first daughter is married and another is unmarried. His son often assaults him for property and money. He has ejected his son from his property by will. Two times he gave information to Chief Judicial Magistrate for criminal activity of his son, but his son is still leaving in his house, and often assaults him and his wife. Now my question is that, how this person will evict his son from his house?
Raj Kumar Makkad (Expert) 12 December 2012
If the property is self acquired of that son then such father can bring a civil suit against him before the court and even can lodge a police case against him for criminal assault.

The ultimate solution does not vest in litigation rather an amicable solution of family dispute. I think the son might be unmarried as on day which might have created further frustration in his mind when he looks his father more caring to her sisters than him and thus problem go on unending.

Get the matter solved within family with the help of relatives rather going to court and police at this end of life.
Jeevan Kumar Jyoti (Querist) 13 December 2012
Respected Sir, I would like to tell you that, Father has self acquired the property. And his son is married person as on day. Please guide me that such father can bring a civil suit in what Order and Rule of the C.P.C.
V R SHROFF (Expert) 13 December 2012
His DIL can file DV, not to evict her.

If unmarried, just do not allow his entry. Father is not liable to provide accommodation to adult son. Any entry w/o consent is tresspass, and Police can remove him. Lodge Police Complain, and also to Magistrate.
prabhakar singh (Expert) 13 December 2012
In view of disclosed facts that son is married,the problem gets further aggravated.
An adult son living along with father in self acquired house of father can at best in law be treated as licencee but thing here is that
his wife can claim of a shared house even against her father in law under domestic violence Act,so it is glass to be handled with care.
Raj Kumar Makkad (Expert) 13 December 2012
Sorry to be disagree with Prabhakar sir on the aspect of demand of shared house by the daughter in law from father in law.

Legal position is otherwise. There are numerous citations which prohibit daughter in law to claim shared house from parents in law.

I do agree on all other aspects of the reply.
JANAK RAJ VATSA (Expert) 07 January 2013
in case of dv, it is the duty of the husband to provide right of residence to his wife and not the FIL.
Raj Kumar Makkad (Expert) 07 January 2013
Thanks Janak Raj for agreeing with me.

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