Rajshekhar Mangalgi 28 December 2019

after divorce how to evict wife from my father's self acquired property

Dear Sir/Madam,

My wife occupied my father's self acquired property. My father filed a Mandatory injunction suite to evict her from his house which is pending before civil court. Let me know whether the above suite is maintainable or not?. I got exparte divorce in 2016 which was appealed by my wife in high court & the same is reminded back and it is disposed off 21st dec 2019 & now, I got divorce from my wife from family Court.
1)can any one please help my father by Evicting her from his house? . Now father is staying at a rented house.
2) Is there any legal way to evict her from my father's self acquired property?
3) After divorce is she having any rights to reside in my Father's house?
We belong to Hindu religion.
Thanks & Regards
Rajshekhar

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6 Replies

Real Soul.... (LEGAL) 29 December 2019

Suppoused to file for eviction suit,and while the divorce case was going on why you failed to agitate the matter.

Adv Deepak Joshi +917017821512 (Advocate) 29 December 2019

give application under seniors citizen act 2007

G.L.N. Prasad (Retired employee.) 29 December 2019

When it is self-acquired property, even parents can ask their children to go out and can make a complaint to collector for harassing a senior citizen. Now Central Government has formulated such an act, and I am not aware as to whether it was enacted or not. Even District Legal Services Authority can involve in this issue.. If she is an employee and without children, it is easier to evict her as per laid down law.

T. Kalaiselvan, Advocate (Advocate) 29 December 2019

It is your father's own house in which she has no rights either to stay or to claim any share in it.

Since your father has initiated an eviction suit, he has to follow the suit regularly by due process of law.

If he is a senior citizen then he could have followe the route for senior citizen's welfare act also.

Once the court has dissolved your marriage by decree of divorce, she has no rights to claim residence from you also.

P. Venu (Advocate) 30 December 2019

Admittedly, suit for eviction is pending. Try to expedite.

Dr J C Vashista (Advocate) 31 December 2019

Do not rely upon obligation of experts on this platform, although it is available FREE OF COST, which is based upon limited facts posted by you, which can differ from real story.

It is advisable to consult another local prudent lawyer for better appreciation of facts/document, professional advise and proceeding if you (or your father) has lost faith in the lawyer engaged / paid, who is well aware about facts/documents of the case, an able, competent and intelligent enough to satisfy you and your father..