(Guest)

Eviction of abusive married son and his family

Dear Sir

Our neighbor are 2 siblings living with parents in self acquired property of their father. Both the parents are aged 75+.

The elder brother is married and has a girl child aged 2 years. This elder son is abusive to his parents and even beats them in rage. I understand that the parents can evict the son from the property. However they fear that the son and his wife can file false cases against them and their younger college going son.

The elder son has already said he will not evict the property at any cost.

What options do the parents have in this case.

Reply Follow

2 Replies

Adv Vinay Mathur + 8447131770 (Advocate) 25 October 2020

Application can be moved under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 in this regard.

Rajinder Goyal 02 November 2020

Hey,

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 makes it a legal obligation for children and heirs to provide maintenance to senior citizens and parents. A senior citizen can appeal under this act to evict the abusive child. The peaceful living for the senior citizens in their property is the apparent objective of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Courts have repeatedly acknowledged the right of senior citizens or parents to live peacefully and with dignity and even if the House is not self-acquired, parents can evict abusive children from the property.

There is an important case Dattatrey Shivaji Mane v. Lilabai Shivaji Mane & ors.2018 in which The Bombay high court (HC) has held that senior citizens tribunals, established under provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, can evict abusive children from the resistance of their aged parents even if it is an ancestral property.

Hope this helps!