To evict a son in my property

M S Ali Khan (Querist) 29 October 2021 This query is : Resolved
Sir, Actually i just want to know that i want evict one of our son from my property so what is the processure and also want a legal action against him that he will not do any criminal activity against me or any other family member while he is evicted.

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If you need to evict a son from your property due to abusive behaviour and threats, several legal avenues are available. You can start by issuing a legal notice. For immediate protection and to prevent further threats, consider filing a petition under Section 107 of the CrPC for a peace bond, or under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 for eviction and maintenance orders. A civil suit to revoke his licence and seek an injunction is also an option, alongside publishing a notice to disown him and prevent inheritance.

kavksatyanarayana (Expert) 29 October 2021
What is the reason to send him out? If he is a major, you can.

M S Ali Khan (Querist) 29 October 2021
The reason is that he is not a civilised person and he is a abusive with parents and gave me life threat too

Pradipta Nath (Expert) 30 October 2021
You can lodge a police complaint against your brother. But to disposes him from the property is only possible for the owner of the property. As it is a household problem, please send him legal notice at first, if requires, you can for sure lodge a police complaint against him.

M S Ali Khan (Querist) 30 October 2021
Yeah sure the owner of the property (My father) also want evict him but the problem is this if i lodge a complaint the he can do something wrong against my father and mother because they live alone there.

Pradipta Nath (Expert) 30 October 2021
For creating nuisance, you can file a petition before the Magistrate u/s 107 of the Crpc. There will be a police enquiry and he is found guilty, he will have to give peace bond. If he invoke his peace bond, there will be ground to file more hard sections against him and to disown him by your family members.

Advocate Bhartesh goyal (Expert) 30 October 2021
File petition before Additional District Magistrate having jurisdiction under the provisions of Maintenance and Welfare of Parents and Senior citizen Act 2007 for eviction of your son who does not care and. lookafter and misbehave with parents.Your son will not only be evicted within short period but also restrained by court to maintain you.

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Dr J C Vashista (Expert) 31 October 2021
I endorse the advise of expert Mr. Bhartesh Goyal, move to Maintenance and Welfare of Parents and Senior citizen Tribunal.
However, you can also revoke licence of your son through a legal notice and seek a permanent and mandatory injunction by filing a civil suit against your son to vacate the premises.

N.K.Assumi (Expert) 31 October 2021
Disown your son and publish it in any leding news paper ofyour locality, debrring him from inheriting any of your property.

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