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Victor (Manager)     25 May 2024

Evicting sons

wife habitual complainer, filed several 498a,dvc & other criminal cases in the past and later withdrawn. With this complaining and blackmailing attitude  have filed a divorce case which is pending right now,

Sadly the two grown up sons 25 and 21 & job holders, also joined with her and they too filed another criminal case u/s 506 as per instigation from her mother which later after 5 years of litigation got closed after acquittal.

 the 3 stay in husbands self acquired property and ironically he was kicked out of his own flat. In case if he enters  they threaten that there would be another criminal case/s that can be slapped ?

Now  will the disobedient sons and who do-not take care of their father & have infact become rivals as per instigation from the wife , do they have right to stay in the property where they are not the owners ?

What are the legal remedies here , is it to file eviction case against them, if yes will the decree comes in favour of the sale deed owner.




 7 Replies

T. Kalaiselvan, Advocate (Advocate)     25 May 2024

If the house property belongs to you by a registered sale deed on your name, then you are the absolute owner of the property.

You can send an eviction notice instructing all of them to vacate the property and deliver vacant possession failing which you can file a suit for ejectment to eject them from the property. Since they are unauthorised occupants of  the property even though they are your sons, but they are adults and cannot claim any rights in the property not at least during your lifetime, therefore they are liable to be ejected from the property by due process of law if they don't comply with your demand to vacate. 

1 Like

Advocate Bhartesh goyal (advocate)     25 May 2024

Senior citizens can file application before SDM Court to evict their sons/daughters from their self acquired property under the provisions of  Senior citizen Act.SDM court Grant's relief within six months.

Dr. J C Vashista (Advocate )     26 May 2024

You have both the options to get them evicted from your self-acquired property as advised by learned experts hereinabove, which I fully agree with them and appreciate their acumen, analyses, opinion and advise.

sridhar pasumarthy (ADVOCATE)     26 May 2024

Father can file a suit for possession

Victor (Manager)     28 May 2024

Another interconnected matter. Are there any chances of wife claiming this property as a part of alimony in divorce case ??? Which order will be upheld, will the eviction suit sustains in magistrate court in favour of me or will family court in her favour?

Dr. J C Vashista (Advocate )     29 May 2024

Eviction is totally different to alimony, flat / property can not be granted to wife in lieu of alimony in a divorce case untill you accept.

P. Venu (Advocate)     20 June 2024

Are you setting question paper for the participants of this Forum?

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