Sourabh Chandramohan Gupta (High Court practitioner) 01 May 2013

How to evict a son from father's self owned house

Hello all.

My client i.e. Parents (old age) approached me and said they have self acquired house in which they are living.

Their son & his wife are regularly abusing them and created a horrible situation and cant reside together further.

Their son & his wife is residing in a seperate room in parents home.

My Question to all collegues:-

1) What to do to evict son from parents house.

2) What rules would be applicable (i.e. Transfer of Property Act, Maharashtra rent control Act ?)

3) Is son a lessee- and can be said that oral contract without consideration.

4) Your advises and information will highly appretiated.

Reply Follow

3 Replies

(Guest)

@Querist,

1.Officially abadon such son and daughter-in law.

2.If they forcefully live in the parents house,get a court order for eviction.

If parents wants police intervention,they can lodge FIR for torture and hurt.But it's not advisable at this stage for the sake of saving the relation alive even at the remotest.

Note-This reply should be taken as per the declaration given in my profile page.

Thanks,

Regards,

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 01 May 2013

A smart thing to do which fits in the covering your client bases category (notice how nicely you put that!) is to give your expectations for living in your client home to your client adult child in writing. Outline exactly what behaviors your client will not tolerate and have them sign. Get it notarized if possible. Tell them the consequences, i.e., eviction, of violating the rules. This sets up a tenant/landlord relationship and gives then guidelines for behavior in black and white. Then if they violate the "terms of the lease", it will come as no surprise when you begin the eviction process.

Dibakar Ray (Advocate.) 08 May 2013

Hi Sourabh Chandramohan Gupta,

The son is licensee in the house of the self acquired property of the parents.

In normal cases, no parents execute any agreement with their son.

Note that the license being the permission to do anything which the licensee can not do without the permission and the oral agreement is valid.

The parents in whose name the property belongs, can send legal notice for terminating the license. If they dont vacate the premises within the period mentioned in the said notice, can institute the SUIT FOR EVICTION OF LICENSEE before the court.

Regards,

Dibakar Ray