cpc

Whether an unmarried daughter be compellled to vacate...

This query is : Resolved 
 


Querist : Anonymous (Querist)
07 August 2020

1. Whether an unmarried daughter be legally forced to vacate a dwelling house? (the nature of the property is self-acquired property)
2. If, yes. What is the legal procedure for the same?
3. If, no. What are the legal impediments for the same?






N.J.S.Rajkumar alias narasimhaOnline (Expert)
07 August 2020

Supreme Court and High Courts have held that an unmarried major daughter can also seek Maintenance if she is not financially independent even if she doesn't suffer from any disability. Discuss your issue in detail with an Local Advocate.

PARDEEP KUMAR Online (Expert)
07 August 2020

Though anonymous queries shouldn't be answered but keeping in view the nature of the question the reply as rightly said by Brother Narsimha a unmarried major girl unable to maintain herself as per various judicial pronouncements is entitled to claim maintenance from her FATHER, under certain circumstances from her brother as well. Maintenance include right of residence but not necessarily in the house you are living in. So yes, she can be evicted, provided the concerned legally bound makes separate arrangements for her maintenance including residence. Rightly advised by Brother Narsimha that you should contact a local Advocate.

Dr J C VashistaOnline (Expert)
07 August 2020

There are many facts which have not been posted in the question paper and to be presumed such as what is the age of "unmarried daughter" if she is about 45 years old, status of "Unmarried daughter" shall be different to that below 28-29 years or lesser.
What is the specific reason for throwing out "unmarried daughter" by parents, the circustances are relevant for forming an opinion as (in general) it is an unnatural and unbelievable situation where parents shall ask their "unmarried daughter" to vacate their self-acquired property ?

Dr J C VashistaOnline (Expert)
07 August 2020

@ Mr./ Ms. Anonymous,
What is your locus standi and concern with the question paper, is an important and relevant information for forming an opinion and oblige ?


Querist : Anonymous (Querist)
07 August 2020

1. The age of unmarried daughter is- 33 years.
2. Reason for throwing out the unmarried daughter is- her persistent unruly behaviour towards her ailing father.

Also, why is there a need to see through the lens of the society when the law clearly dictates that the self-acquired property can be disposed of in any way that one likes?

3. Had it been son instead of daughter then what would have been the course of action?

Sudhir KumarOnline (Expert)
07 August 2020

why do not you share the problem instead of setting question papers of 20 marks.


Querist : Anonymous (Querist)
07 August 2020

An infirm father wants to evict his unmarried daughter from his self-acquired property(dwelling house). What course of legal action he must take in doing so?

PARDEEP KUMAR Online (Expert)
07 August 2020

Take recourse under protection of parents and senior citizens act, 2007

Rajendra K Goyal Online (Expert)
07 August 2020

He can evict her from his self-acquired property.

Whether the daughter is having any earning / able to earn / qualify enough to earn / join a job?

Frustration can be reason of the behavior of daughter still unmarried till this age.

P. Venu Online (Expert)
07 August 2020

Yes, the father needs to rely on the provisions of "Senior Citizen Act".


Querist : Anonymous (Querist)
07 August 2020

With all due respect, we can not generalise that someone who is unmarried at her age would always be frustrated.

'Senior Citizens Act' talks only about maintaining older parents, the provisions of the Act has no solution for the present problem.

N.J.S.Rajkumar alias narasimhaOnline (Expert)
07 August 2020

As Rightly stated by the Querist/ Author the Parents and Senior Citizens Act doesn't speak about or refer to Un married daughters. Section 125 (1) (b) CrPC could be made applicable in your case. Discuss in detail with Local Advocate

P. Venu Online (Expert)
07 August 2020

The issue involved, as I could understand, is, how could the infirm father evict the unruly daughter from the residence belonging to him. To my knowledge, the father can rely on the residuary powers vested with the competent authority under the provisions of Section 22 of "Senior Citizen Act" for providing protection of life and property of senior citizens :

Section 22. Authorities who may be specified for implementing the provisions of this Act.
(1) The State Government may, confer such powers and impose such duties on a District Magistrate as may be necessary, to ensure that the provisions of this Act are properly carried out and the District Magistrate may specify the officer, subordinate to him, who shall exercise all or any of the powers, and perform all or any of the duties, so conferred or imposed and the local limits within which such powers or duties shall be carried out by the officer as may be prescribed.
(2) The State Government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens.

Most of the State Governments have notified Rules under Section 32 of the Act authorizing the District Collectors to exercise the said residuary powers. As regards to the extant scheme in your State, this could be ascertained from the Rules notified and in force.

Rajendra K Goyal Online (Expert)
08 August 2020

Senior Citizen can take the help of Administration to vacate their children they do not treat them properly.

The Hon’ble High Court of Punjab and Haryana in the case titled as “Justice Shanti Sarup Dewan, Chief Justice(Retd.) and Anr V/s Union Territory, Chandigarh” reported at 2014(5) R.C.R(civil) 656 held that the children were living with the permission of their parents. Once the permission stands withdrawn, the children are required to move out of the premises to allow their parents to live in peace. The Senior Citizen Act is special legislation to ensure that a summary proceeding is adopted to the benefits of parents and senior citizens so that justice is delivered to them in a quicker and speedy manner. The objective of the Act is to provide an inexpensive and expeditious procedure for the protection of life and property of senior citizens from legal heirs who expected to maintain parents.

https://nrilegalconsultants.in/senior-citizens-have-a-right-to-evict-their-children-from-their-house/#:~:text=The%20Act%20and%20Rules%20explicitly,%2C%20Chief%20Justice(Retd.)


In 2016, the Delhi High Court ruled that ‘a son, irrespective of his marital status, has no legal right to live in his parents’ house, and can reside there only at their mercy’.


In 2017, the Delhi High Court ruled that the elderly parents who are abused or mistreated by children can evict them from any type of property, not just a selfacquired one. The property can be self-acquired, ancestral or even rented, as long as the parents are in its legal possession. This is an improvisation of the Maintenance and Welfare of Parents and Senior Citizens Act 2007, which specified that the children could be evicted only from a self-acquired property of the parents.

Read more at:
https://economictimes.indiatimes.com/wealth/real-estate/money-relationships-can-your-parents-evict-you-from-their-house/articleshow/70304423.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst



Rajendra K Goyal Online (Expert)
08 August 2020

Sorry, the post was repeated seem due to internet problem hence removed.

Dr J C VashistaOnline (Expert)
08 August 2020

The daughter, although unmarried yet she is an adult person residing on licence in the self-acquired property of her father where he (father) can file revoke the licence and file a suit for permanent and mandatory injunction for handing over peaceful vacant possession of the house.
Besides this, father may opt for invoking the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to seek relief of eviction as advised by experts, which I endorse and appreciate.

krishna mohanOnline (Expert)
10 August 2020

Well advised by Shri RK Goyal. You can take the help of a lawyer near your residence for right action legally. I may add the property as long as self earned you are having every right to take action to protect your interest.

Rajendra K Goyal Online (Expert)
10 August 2020

Thanks expert krishna mohan for agreeing.

K RajasekharanOnline (Expert)
12 August 2020

An unmarried daughter, of whatever age, unable to maintain herself out of her own earnings or property need to be maintained by the person, under the Hindu Adoption and Maintenance Act, if she is a Hindu.

Therefore she cannot be legally forced to vacate the house without the parent, who owns the parental house, providing her some other alternate measures of maintenance which includes a whole lot of things such as food, clothing residence, medical treatment etc as per law.

Here as you, on account of some legitimate facts and claims, want her to be vacated in a legal manner from the house where she has a right as you have as well, you need to approach a court and go by its fact based decision.

This, in fact, is a clash between two equally possible but contradictory rights of legally weak persons who have an unqualified and equal right to peaceful and nuisance free life from each other.

The law, as it cannot envisage every foreseeable future event while its making, does not provide any straight jacket solution to this possibility, as of now.

Since court proceeding is a bit expensive and time consuming affair, you can better choose to approach District Legal Service Authority to place this matter in a lok adalat, for which you need to file a Pre Litigation Petition (PLP) and go by their guidance.


Rajendra K Goyal Online (Expert)
12 August 2020

The author has not provided material facts and information asked.

It seems no purpose would be solved to guess and advice.



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