swasti (Manager) 13 May 2012

Can mother evict son from her house?

Can mother evict her son aged 30 from her house which is under her sole ownership, if he is mentally harassing her? If yes, do she have to prove the harasment with evidence which is difficult in case of mental harassment or Can she evict him without showing any reason as she is the titled owner of the house? What is the legal procedure for it? please help.

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Adv Archana Deshmukh (Practicing Advocate) 13 May 2012

A mother can evict her son from the house if the house belongs to her. She can file a civil suit seeking mandatory injunction against her son, to prohibit him from occupying the premises on the ground that she is its sole owner and that he is merely licensee.

swasti (Manager) 13 May 2012

Thanks Archana.

If the property was bought by wife in her name, and later husband claims share in it saying she is housewife and she has no source of income and he gave her money to buy it, will he succeed? Can wife say the money came from her mother, who is no more, and gold received as sreedhan at time of marrige? Then, whose burden is to prove the source?